Research On The Liability For Damage Of Fire Rescue Act

At present,in the process of fire fighting,rescue and social rescue,in order to protect public interest and personal rights or greater property rights,it will inevitably cause damage to other citizens,legal persons or organizations.From the jurisprudence analysis,the cause of the damage has the corresponding legal basis,and the rescue behavior of the fire fighting agency does not exist at fault.How to maintain the legitimate rights and interests of the injured party in the no fault behavior of fire rescue,coordinate the relationship between the public power and the private rights,and find the effective remedy way of the legal damage behavior in our fire rescue is undoubtedly the main problem at present.The damage caused by fire rescue acts,though it brings losses to the country and brings social impact,but most directly affects the health,property and safety and mental state of the victim.However,laws and regulations and judicial interpretation in practice now,only in the civil and administrative aspects of the relevant provisions of the fire only,without taking into account in the treatment of fire rescue firefighters infringement,causing losses to the victims,countries take an important role to relief,so as to seek judicial relief seems powerless victims encounter difficulties.Every year,we can see relevant information about fire in TV,network and other media.Especially for some serious fires,fire losses and casualties are widely broadcast,but subsequent compensation is rarely known.The victims of tortious assistance can not get the corresponding compensation,their life is in trouble,and to a certain extent,it has brought unstable factors to the society.How to deal with the dispute of the tort and damage of the fire rescue and improve the relief mechanism of the action of fire rescue in our country is the purpose of the author's research.This paper uses theory analysis,induction and case analysis summary,comparative analysis and other methods,some of China's aid to fire tort dispute as clue,theoretical analysis on tort liability and civil compensation and administrative compensation;analyzes the existing compensation system help China fire damage problems are discussed comprehensively the legislative status of liability system of rescue China fire damage,while in other countries Fire Rescue Behavior damages damage relief on the basic content,to further improve the rescue of China's fire damage relief mechanism.This article is a discussion of five chapters on the liability and relief of the damage of fire rescue.The first chapter is the introduction,mainly expounds the reason of choosing the liability of compensation for damage behavior of fire rescue,including the background,purpose and significance of the topic;the results of previous studies on the damage behavior of fire rescue liability,including a review of foreign and domestic research,the research ideas and methods.The second chapter summarizes the theoretical basis of compensation for damage of fire rescue,fire rescue and legal property damage divided into fire rescue behavior of the legal basis of the request for compensation,the former specifically has a specific administrative act,the social public welfare behavior,military service behavior of three theories,the two aspects of legality and rationality of the latter into the fire rescue behavior damage compensation claim,affirmed the damage compensation request fire rescue behavior as the basic legal attributes of the specific administrative act.The third chapter introduces the legislative status and existing problems of the responsibility for compensation for fire rescue in China,including the legislation status of the compensation obligation of fire rescue in China,including the legislation status of the tort liability system,and the treatment of the infringement on the fire rescue behavior in China.On the subject of rights and obligations of compensation,the fire rescue behavior in civil tort relief way to analyze,and to estimate the degree of practical remedy in the actual operation,loss compensation principle of fire rescue behavior,discusses the scope and amount,and points out the deficiency of fire relief tort relief.The fourth chapter in our country about the fire rescue behavior tort liability legislation is scattered,the low level of the status quo,introduced the United States,Britain,France,Korea,Japan,New Zealand,six on fire accident of civil tort liability system and the relief system of the status quo,and compare with our country,illustrates the importance of civil means in fire rescue the behavior of civil tort liability in the.The fifth chapter according to the above analysis,proposed the establishment of rescue fire behavior in China's tort liability mechanism is proposed,the construction of the tort combination of tort law and insurance law,social welfare relief,coordination and relying on the administrative law enforcement departments to solve the fire rescue behavior tort caused serious consequences,to promote social harmony.