Fire Accident Liability Identification And Proceeding Research

Fire accident investigation, not only related to the fire cause of the accident, loss and the determination of responsibility, but also involves the fire in the relevant persons responsible for the criminal, administrative and civil liability commitment to address fire in the important basis and the key. The article begins with the main body and liability of fire accident, and analyzes and identifies the current fire accident investigation system from the theory and practice, and discusses the process of fire responsibility, compares other incidents survey system and foreign's to propose the nature and proceeding of the fire responsibility. Identification of fire accident responsibility is an essentially professional technical, administrative institution in accordance with the administrative authority to the fire comprehensive analysis concluded that the identification is a special kind of technology action. From a pure administrative law theory, it should be included in the administrative proceedings of the case, but because of the court expertise and technical gaps, the court finds that the incident only from the responsibility of the review process, it is difficult to conduct an overall review, even if a substantive review, it leads to reviewing difficulties and unfair results. Therefore, the court finds that a certain boundaries of review. In general, unless the fire department identifying the cause of the fire is of great and obvious flaws, the court should not be a substantial review. It is true attitude to model the way of dealing with traffic accidents, the responsibility of the fire accident is regarded as evidence, does not involve in the range of administrative proceedings, the court deals with the accident in administrative process, civil process and charge criminal responsibility through evidence reviewing.