Research On The Professionalization Of The Firefighting And Rescue From The Perspective Of Constitutional Jurisprudence

"Promoting the modernization of National governance system and governance capability" has far-reaching theoretical and practical significance as the overall goal of extensive and intensive reform formally put forward in the Third Plenary Meeting of the Eighteenth Central Committee of the Communist Party of China.From the long-term "management" model adopted by our government to putting forward the "governance" system and capability,it is not only the transformation of the strategy of governing a country,but also the transformation of the ruling methodology.As an important part of social and public security service,fire safety is directly related to the most fundamental human rights of every citizen,which are right of life and property right.The constitutional law is mainly studying the public power,the allocation of the public power,and the scope and relationship between the public power and private rights.The core of the constitution law is to restrict the public power and protect human rights.In China,the subject exercising firefighting and rescue can be considered as public power,while the object of firefighting and rescue is considered as private rights.Chinese people normally perceive firefighting and rescue as national functions,performed by the national public power.In contrast,people in other foreign countries believe that firefighting and rescue is public affairs within the scope of social autonomy,and the public power only step in when the social volunteering cannot effectively conduct firefighting and rescue.Recent years has seen frequent accidents occurred during firefighting and rescue in China,which indicates that the fire safety system under the current regime has gradually become inadaptable to the socio-economic and political development needs,the national functions cannot be well achieved,and the basic rights of citizens cannot be effectively protected.In this regard,people constantly call for professionalization of firefighting and rescue,promoting the modernization of national fire management system and governance capacity.But the firefighting problem is a technically specialized area,involving all aspects of a society.Current researches in relation to China's firefighting and rescue problems are mainly focused on firefighting system.I believe that the core of firefighting and rescue is people-oriented,firefighting is to protect people's life and property rights,and designing firefighting and rescue system is just a choice we made to protect human rights.In order to achieve a better result of firefighting and rescue,protecting human rights,and resolving the existing problems of firefighting and rescue,we should not only discussing the fire safety system,but also considering the reason for firefighting and rescue-the fundamental theory of nations and citizens,the firefighting and rescue organization system and the source of funding-the national structure,especially the theory of allocation public powers between the central authority and the local authority,using of the relevant principles of constitutional law to explore and ultimately eliminate the obstacle that prevents firefighting and rescue from professionalization.Only when thorough analysis is applied to the source of power,organizational structure,fiscal allocation,the problem can be resolved in a better way with the consideration of reality.In other words,it is only the study of constitutional theories that provides basic value judgments and practical action guidelines for firefighting and rescue professional system.