Study On Civil Liability For Tort Of Fire Accidents In China

In recent years, with the rapid development of the economy, a series of policies havebeen put forward to support and cultivate enterprises at different aspects by the government atdifferent levels. But some of operator’s regardless of the citizens’ personal safety, lives andproperty for its own good.According to the latest fire department in China Statistics, in2009, there were129,382cases of fire in the whole country, killing1236and651were wounded, The direct economicloss hit1.62billion Yuan; in2010, there were132,497cases of fire in the whole country,killing1205and624were wounded, The direct economic loss hit1.96billion Yuan; in2011,there were125,417cases of fire in the whole country, killing1108and571were wounded,The direct economic loss hit2.06billion Yuan. Fire accidents occur frequently, particularlyfor the serious and extremely serious fire accident cases occur not only may bring a greatharm to physical, mental and property for judicial victims and their families, but also to thestate and society undue loss. However, law systems of Fire in China to be found only in theadministrative law and criminal law but ignore the civil legal play an important part in dealingwith the victim’s loss of civil law fires.We can get fire information from television, Internet and other medium every year, somemajor fires, fire losses, casualties were widely broadcast, but compensation problem that fewpeople know about. Victims have not got damages will intensify inequality and createinstability, to an extent. How to deal with compensation for impairment in fires, improve thecivil legal mechanism of the fires in China is the research purposes of this thesis.This thesis using methods of analysis and summary cases, theoretical analysis, inductionand comparative study, a theoretical analysis on the ire accident Restatement RescueInstitution and civil compensation; the article analyzes the problems of the fire accidentRestatement Rescue Institution of our country; describe the general condition of the currentlegislation of civil liability for fire accident tort of our country; on the basis of the comparisonof the fire accident Restatement Rescue Institution of other countries; to further improve thebasic contents of the fire accident Restatement Rescue Institution in China.This thesis is composed of five chapters. The first chapter describes the general theory ofcivil tort liability of the fire accident, including the concept of fire, the concept andcharacteristics of the fire accident liability. The second chapter summarizes the constitutiverequirements of the responsibility of tort liability of the fire, and a comparative analysis of therule of the imputation principles of fire accident tort of civil liability between our country and the major countries of the world, and then improves imputation principle of civil tort liability.The third chapter Introduces the legislative status of fire accident tort civil remedy and itsshortcomings, including the legislation of civil tort liability system and the processing modeof fire accident infringement act in China. In determining the compensation under thecondition of the subjects of rights and obligations, carries on the analysis of the tort civil reliefway of fire accident, and judge the various methods in the actual operation of the practicallevel, to investigate the principle, scope and limits of the fire accident compensation, Thuspoints out the shortage of fire accident tort remedy. The fourth chapter aiming at the statusquo of fire tort liability legislation is scattered and low, and introduced the current situationwith fire accident tort responsibility system and relief system between the five countries, suchas Japan, South Korea, the United States, France, Britain, and compare with our country,Stressed the importance of civil laws in the responsibility. The fifth chapter according to theprevious analysis, make suggestions Set up the mechanism of the fire accident civil tortliability in our country, construct tort relief system the fusion of tort law and insurance law,and relying on the administrative law enforcement departments to coordinate to solve theserious consequences caused by the infringement of fire accidents, to promote socialharmony.