| In recent years,the rapid development of society and economy at the same time,frequent fire accident has become influence social order,endanger the safety of the people's livelihood the important social problems.In 2015,for example,the whole national fire 346701,causing casualties 3112 people,a direct loss of 4.35895 billion yuan,burned building 88953516 square meters.Especially big fire accident,such as zhejiang taizhou "2·5" in 2017,jiangxi nanchang "2 25",Beijing daxing "11·18" and tianjin hexi "12·1" and so on,not only cause significant casualties and economic losses,but also creates more insecurity and life crisis.For these tragic untimely at the same time,we must see,in a large number of fire accident,there is a big part of the accident is a man-made,not natural disasters,how to qualitative,for different fire accident about how those responsible shall be investigated for criminal responsibility according to law,how to ensure that within the scope of the criminal law to do fire accident guilty of a crime and criminal responsibility if adapted gradually became an era of both theoretical significance and realistic value proposition.In fact,as early as in the "criminal law" in 1997,our country has to arson fire major liability accident crime criminal law regulation,and add the fire accident crime responsibility,shall be investigated for the fire accident in violation of fire safety provisions on the administration of those responsible for criminal responsibility according to law has provided a legal basis,preliminary established fire accident crime related system.Today,our country's present criminal law about the fire accident in the crime of the main mostly concentrated in the second chapter of the specific provisions of criminal law crime of endangering public security this part,including arson,crime of fire,the crime of major accident,fire accident and dangerous goods accident,etc.and the staff members of state organs in the process of fire safety regulatory responsibilities such as the existence of unlawful conduct that gives rise to a fire accident,may also violate the abuse of power and dereliction of duty crimes.hereby,related judicial interpretation and administrative law and regulations also have about violation of fire safety regulations,the provisions of the criminal responsibility fire accident.It can be seen in the fire accident in our country criminal charges more,but after 20 years of development,with the rapid development of our social economy and the continuous improvement of the rule of law thinking,fire accident crime existing also exposed the scope is narrow,the criminal object is not clear and the charges are reasonable,and many other problems.Body content of this paper is divided into three parts,the first part is mainly about the fire accident crime legislation overview.Mainly discusses the fire accident crime is mainly refers to a natural person or intentionally for violating the law and relevant regulations on fire control safety management,a significant fire accident risk hidden danger and accident,expanding,so for the fire fighting system supervision personnel of state organs in the work of the malpractice crime is not within the scope of this essay.This part will pass through the fire accident cases of fire accident and its related crime,a brief introduction of the concept,characteristic and the current criminal law of our country and the related legal liability for fire accidents in criminal charges for comb,in order to providing theoretical basis for improving its charges system.The second part is the case of a fire accident crime in the judicial practice in our country as the foundation,through the analysis of case facts,applicable charges,punishment and so on,puts forward some problems in the fire accident crime charges now,such as existing charges and no real form a complete system,according to different object of crime,the weight of the penalty should be distinguish,disconnect and hereby of criminal law,and so on and so forth.The third part puts forward its own view on the development path of fire accident crime in our country.On the one hand,we should strengthen the prevention of fire accident crime,intensify the punishment of the crime which may cause a large number of people's property loss and so on.On the other hand,more severe punishments should be given to the crimes of causing major fire accidents in densely staffed places,ancient cultural relics,hospitals and other key fire control units,so as to make them distinguish the crimes of ordinary places and increase people's awareness of fire control protection in such places.The fourth part puts forward corresponding suggestions to improve the crime of fire liability accident,applies legal factors to effectively restrain the increasing fire accident,makes the actor who is responsible for the fire accident subject to due legal sanction,reflects the fairness of the law and the Modern Criminal Law Concept of "punishing his crime",so as to play a good role in promoting the society to form a good fire prevention social mechanism and atmosphere. |
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