Fireaccident Criminal Law Case Analysis

517107fires occurred between2008and2011throughout our country, including273serious fires, these fires were so damaging that they killed4675people, injured7084people and resulted in direct property loss of$6470000000. More than300fire accident cases were involved on the treatment of fire cases and fire accident liability and1200concerned staff were demoted or dismissed. In handling criminal cases involving fire accidents, there is a common issue, which is, how to make qualitative analysis according to different fire accidents (i.e. fire accident liability cases), how to investigate the criminal liability after qualitative analysis, as well as different qualitative analysis would lead to a part of the punishment is too heavy, and some other people were exempted from punishment. In particular, after the regulation of the criminal cases’limit was promulgated by the Ministry of public security of the Supreme People’s Procuratorate, it’s worthy to discuss the justice and criminal punishment of fire accident’s responsibility investigation.The author believes that the fire case fire caused due to the fault of the perpetrator, causing serious consequences, endangering public safety behavior, this is a fault causing a fire hazard endangering public safety crime. The fire accident case is in violation of fire regulations, notice by the public security authorities to take corrective measures and refused to carry out, cause serious consequences of criminal behavior. Constituted from the criminal facts, fire accident responsibility is actually a special kind of fire crimes, by contrasts, fire crime is the crime of misdemeanor, and fire accidents’ responsibility negligence crime is a felony. But, it’s lopsided to convict them to fire crime or fire accidents’responsibility negligence crime under the Investigation of the fire accident. Both of them are the same criminal punishment, therefore, it deserves deep thinking to embody the justice and fair of the law.This article will take Qinghai Department Store Co., Ltd. textiles department stores fire accident for example, which happened in April9,2011. Criminal responsibility of every subject will be in-depth analyzed; it also elaborates the application of fire case and fire responsibility negligence case so that the inadequacies can be reflected of our fire accident criminal responsibility investigation system. This article will also propose suggestions on the criminal liability system of fire accidents in China based on relevant abroad legal and practical experience.This article is divided into three parts. The first part is the introduction of the basic facts of the Xining textile building fire accident. The second part will analyze the imbalance problem on fire crime and the fire accidents’responsibility negligence crime using relevant legal theories with case study. The third part is the thinking of fire incidents of criminal responsibility investigation system.