The Legal Relief Of Fire Accident Responsibility Identification

Fire force have the important statutory duties of fire accident identification. Thenature of the fire accident responsibility confirmation had serious differences duringJudicial practice caused by controversial issues between the Ministry of PublicSecurity files, coupled with the fire responsibility determination for firefightingagency has been canceled based on the new”fire law”, all what will lead differentviews and controversy for fire responsibility determination during the legal norm andlaw practice. Specifically the controversy on the suability for fire behavior and theway of relief seriously hampered the investigation process on the liability of fireaccident and the protection for the parties’ right and interests. The paper makessystematic elaboration focus on the concept and legal property of fire accidentliability recognition, the conclusions, the suability for fire behavior and the way ofrelief under the premise of preserving law authority and protecting the benefits ofprivate party.According to the judicial practice of legal workers and the definition of the fireaccident responsibility confirmation define by law, the article describes the conceptand the legal nature of the fire accident liability recognized process, meanwhile,analyzed the concept of fire accident responsibility identification based on “FireInvestigation Regulation”, furthermore, determine the nature of such identificationlaw from the point of administrative procedure law. The action of recognize for fireduty belongs to administrative affirmative action and the scope of administrativelitigation. The article analyze whether the recognize of fire duty is litigable or notcover several aspects such as the subject of accident, legal nature and the scope of thecurrent China’s Administrative Procedure Law, introduced and compared the caseswhich is not litigable in practice. The article focus on the controversial about therecognize of fire duty in administrative judicatory practice. Based on the actionableanalysis, proposed the administration to relieve path respectively during resolvingdisputes and litigations about the liability affirmation of the fire. It is effective forprotecting the administrative relative person. Finally, article analyzes and summarizes the problems of fire accident certification during the proceedings of responsibilityconfirmation using.