Study On The Cyime Of Fire Accident

In recent years,the heavy fire accidents in the country have occurred,which bring great loss and disaster to the society and individuals,and the impact is extremely bad.The crime of fire responsibility accident in our country's criminal law plays an important role in the punishment of fire safety crime,and is also an important criminal means to adjust fire safety management.However,with the rapid development of China's economy,various kinds of disaster factors have increased sharply,the criminal law in the punishment of fire accident,the corresponding real estate has given birth to new problems and changes,which need to be solved through legislation.Article 139 of the criminal law of the people's Republic of China(hereinafter referred to as the criminal law)stipulates that the notification requirements of fire supervision institutions as the essential elements of the crime of fire liability accidents have always been the focus of controversy in theory and judicial and law enforcement practice,which is a loophole in criminal legislation,and increases the reliance of people on fire supervision agencies,and does not play a positive role in preventing fire accidents and strengthening fire safety management.As a staff of fire supervision organization,from the long-term fire supervision and inspection,fire administrative licensing,fire accident cause investigation,fire training and other work practice,can deeply realize the fire responsibility accident crime objective constitution elements exist in the legislative defects and deficiencies.This paper discusses the legislative evolution,the constitution of crime,the knotty problems in judicial cognizance and the legislative perfection of the crime of fire responsibility.The first chapter focuses on the analysis of the evolution of the crime of fire responsibility accident crime,with the 1979 criminal law and 1997 criminal law as the dividing point,introduces the legislative history and characteristics of the crime,and analyzes the causes of the historical development of the crime and legislative thinking.The second chapter makes a comprehensive analysis of the object,objective aspect,subject and subjective aspects of the crime of fire responsibility accident,especially the contents of " fire management regulations ",the scope of " fire supervision organization ",the form and name of " notice ",the definition of " correction measures ",the understanding of " refusal to execute" and the definition of " serious consequences ".The third chapter from the judicial determination of the difficult problem of the analysis,the fire responsibility of the causal relationship between the crime of the crime,the crime and non-crime,and determine the crime and other related crimes of the distinction and competition.The fourth chapter is to the fire responsibility accident crime legislation improvement suggestion,first analyzes the crime in the crime constitution aspect defects,then from the crime,the legal punishment two aspects to the fire responsibility accident crime legislation consummation proposed the feasibility suggestion,in order to our country related to the fire safety crime aspect legislation and the judicial practice to put forward trifling reference.