Identification Of Criminal Liability In Fire Cases

Fires are common disasters worldwide.It seriously threatens the lives and property of the people worldwide.In our country,there are 338,000 fires in 2015,causing 2854 casualties with 1742 death and 1112 injured and its direct economic loss are 3.95billion.In all sever accidents causing by fire,it is hard to pursue criminal liability for fire accidents caused by complete disregard to the fire accident liability.What's more,in the judicial practice,there are misconceptions and debates on whether the fire accident liability crime is determined or not,and its differentiation between other crimesOn the June 3rd 2013,a big fire explosion accident broke out in a poultry enterprise in Dehui of Changchun City Jilin province.It caused 121 deaths,76 injuries,17234 square meters burned area and 182,000,000 Yuan direct economic loss.From the cases of big fire accidents,this paper tries to analyze how the current offence provisions in the criminal law of our country(mainly fire accident liability)influence the determination of criminal liability of fires in the judicial practice.Through the elaboration of the legislative deficiencies of the charges of fire accident liability,we work on the improvement on offence provisions of fires in the criminal law of our country,and on the legislative suggestions on the charges of fire accident liability.This paper is divided into four parts.In the first part,it introduces the course of the fire accident in BaoYuanFeng Enterprise,its rescue,its consequences,its analysis of causes(both direct causes and indirect causes),and the charges on the people who are responsible for the accident.This part indicates the legal issues that the charges of fire accident liability are out of date and are unaccustomed to current judicial practices.In the second part,it discusses the objective element "in the charges of fire accidents liability,for the violation of fire regulations,it is informed by the authorities to rectify but refuse to do so".It reveals the problems of set-up of the elements at all aspects,the difficulties of its determination,and the consequences which the charges of fire accident liability perform practically no function.In the third part,it discusses the constitution of this crime,and in the judicial practice,the differentiation of the similarities between the charges of Fire Accident Liability and Offense of Major Accident,Fire,Offense of Major Labor Security Accident,Dangerous Goods Accident etc.In the fourth part,it puts forward the legislative suggestions on the charges of accidental fires and the charges of fire accident liability,which mean the cancelation of former unreasonable element,the extension of fine penalty,the adjustment of measurement of penalty on accidental fire and on fire accident liability.