Study On Fault Presumption In Tort Liability Of Custodian With Unknown Fire Cause

China is a country with frequent fires.The losses caused by fires are often devastating.In addition,our property insurance,especially fire liability insurance,has not been widely established,and there is no corresponding insurance response mechanism after fires.So the victim of fires only seek legal remedy by himself.For the fire parties,seeking civil compensation is the main way of legal remedy,so it is particularly valuable to study the compensation for damage caused by fire in our country.The paper consists of three parts: introduction,text and conclusion,and the text is divided into four parts.The first part is an overview of fire tort liability,including fire accident liability,fire civil liability and fire tort liability.This paper analyzes the present situation of the research on civil liability for fire in our country,and probes into the nature of the liability for compensation for fire damage.In the case of lightning strike and some spontaneous combustion,there is no legal liability,and the liability for compensation for fire damage is a kind of tort liability,and not liability for breach contract.according to the logical system of the fire civil liability,fire tort liability,tort liability for unknown cause fire,The scope of this paper is determined the tort liability of the custodian for unknown cause fire.The second part is the legislation status of fire tort liability and the dilemma in practice trial.The current legal system has only the provisions of fire administration and criminal liability,but there are few provisions on civil liability for fire,so it is necessary to combine the tort liability law system with the analysis and application of specific cases.The main problems of the application of the current law in fire tort cases are summarized,one is the lack of unified law application in practice,the other is that the principle of attribution is not uniform when the court hears cases;Thirdly,the “fault presumption” is not clearly stipulated by law in special fire tort cases.Finally,The status of practice in fire tort cases is shown through the established cases.The third part is the focus of the paper,exploring the "new path" which is fault presumption principle to solve the special fire tort liability.This part begins with the principle and significance of liability attribution of tort liability,and discusses the system of the principle of attribution in our country.with the study on the principle of fault liability and the principle of presumption of fault,We found the presumption of fault can be applied to some fire torts,and clearly pointed out the applicable situation.We proved it through the reason of attribution and the retroactive angle of presumption of fault in current legislation.After analyzing the basic principle of fault presumption of manager in object damage liability,the essence of custodian's liability in fire is one of object damage liability.The fourth part is the legislation suggestion about the fire tort liability,starting with the defects of the current system,analyzes the problems existing in the current laws and regulations.Then,according to the legislative system of the current Tort liability Law,two main approaches are put forward: one is to amend the Tort liability of the Civil Code,to add special provisions on the liability for fire tort or to increase the general provisions of the liability for damage caused by objects;Second,it does not involve the revision of tort liability in the Civil Code,and adds the fault presumption to fire tort liability in the Fire Protection Law.