Discussing The Improvement Of China’s Fire Protection Legal System

In recent years, the economic and urban constructions in our country are developing rapidly. However, the development of the fire control falls behind the level of our social development obviously and some large fire accidents happen occasionally. Unreasonable fire responsibility allocation and supervision system lead the failure of the fire control work, and it cannot guarantee the safety of the whole society.Fire control reform has not been a new topic and it has been implemented in some advanced areas, such as Shenzhen, which gets some trouble. Some domestic experts also begin to study fire control system, but most of them are researching from the angle of the administrative management and emergency response mechanism. However, essential issues are that the racial institutional obstacle is still not solved. Now, the fire situation is very serious, but researches to the legal system of the fire control are still on the edge in our country. Consequently, the author chooses the typical extra-large fire accident of China and America. By analyzing and comparing the cases, the thesis studies the law problems of fire control in our country, and then further proposes legal idea and reform plan for fire control.The whole thesis is divided into three parts, and seventeen thousand words are included.To begin with, the author analyzes the situation of fire control in China. In this party, two extra-large fire accidents are studied respectively, i.e. the Karamay fire and the fire in Dehui, Jilin. From the two samples, the author concludes three problems on the aspect of our legal system of fire control, which are unreasonable legal responsibility assignment, anomie of supervision and law enforcement behavior and insufficient social participation. Then the author illustrates the characteristics and reasons of the three problems.Furthermore, the author analyzes the situation of fire control in America. The Triangle Fire in the process of the industrialization in America and the fire accident in the station of Rhode Island are selected in this part. By analyzing the two cases, the author concludes that the advanced point of the American legal system of fire control lies in the perfect and reasonable law system, high level legislative and high degree of social participation.Finally, the author mainly discusses improving our legal system of fire control on the basis of American experience. Fire fighting system should include prevention, supervision and evaluation. However, our fire control presents insufficient prevention, excessive reliance on and lack of supervision. Therefore, we should use the experience of America and construct our legal system of fire control fully from the three aspects. Firstly, legislative reforms should be implemented for safety responsibility allocation and fire control management for the local autonomy system should be established to improve prevention system. Secondly, it should construct fire control intermediary organic law and professional authority of fire supervision mode. Finally, the country should lay down laws to broaden channels of the citizen participation and set up fire control system that the whole society can participate into it. Then the fire safety assessment mechanism should be built up.All in all, fire situation is serious in our country and solving the problems of laws on fire control is the basis of improving the current situation. Therefore, only reconstructing law system on fire control can improve the progress of fire control and ensure the safety of people’s life and property.