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Research On Fire Fighting Liability Accident Crime

Posted on:2021-04-19Degree:MasterType:Thesis
Country:ChinaCandidate:J H XieFull Text:PDF
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Fire safety is the focus of people's livelihood,is an important work to protect people's health and property safety,and is also the key to ensure the healthy development of the national economy.Fire control laws and regulations along with the acceleration of urbanization and countries are increasingly valued,although the development of fire control laws and regulations in China has a long history,but also is very weak,therefore,our country from the United States,Japan and other developed countries generally fire legislation experiences and lessons,combined with their own national conditions,article one hundred and thirty-nine of criminal law in1997,set up fire accident crime responsibility.The crime played an important role in a specific historical period,but after more than 20 years of rapid economic development in China,the crime is not suitable for the needs of The Times.The biggest defect of this crime is that it has the preconditions of "refusing to carry out the corrective measures after being notified by the fire supervision institution".The crime must be inspected and notified by the fire supervision institution,and only when the social unit fails to rectify the fire hazard and the fire accident causes serious consequences can it be convicted and punished.This regulation has seriously violated the current requirements of fire safety management of social units and is not conducive to the long-term development of fire control work.The crime of fire fighting responsibility accident is an important weapon to crack down on fire fighting crimes,and it is also the only crime to punish the crime of fire fighting safety in the criminal law.Therefore,it needs to be revised and improved according to the needs of national economic development and the need to crack down on fire fighting crimes.The body of this paper consists of four chapters.Chapter one: an overview of the crime of fire fighting liability accident,the main content of which is the legislative evolution of the crime of fire fighting liability accident in China,as well as the laws and regulations of adjacent crimes outside theregion.Chapter two: the concept and criminal constitution of fire accident crime.From the object,the objective aspect,the subject,the subjective aspect to analyze.This paper mainly analyzes the objective aspects,including the relevant laws and regulations of fire control,the scope of fire control supervision institutions,various forms of notification,the definition of taking corrective measures,the legal determination of refusal to implement,the definition of consequences,the determination of causality and so on.The author of this crime from the constitution of the crime,step by step will be each component of the present,in order to better for the analysis of the legislative defects of this crime and legislative proposals to pave the way.Chapter three: judicial determination of fire accident crime.The author through three major fire accident cases happened in recent years in our country,analysis and major liability accident crime,dereliction of duty crime,this crime and the crime of fire,arson,this crime and dangerous goods accident crime,crime of illegal manufacture of explosives,the boundaries of significant labor safety accident crime,targeted comparative analysis,so as to distinguish boundaries,to provide practical reference for theory,deepen the understanding and using of this crime.Chapter four: the criminal trend of fire accident crime.The author analyzes the judicial status,legislative defects and legislative perfection of this crime.It is suggested to remove the preconditions of "refusal to implement corrective measures after being notified by the fire supervision institution",so as to better implement the fire safety responsibility system in social units.At the same time,it is suggested to expand the scope of the subject of the crime,reasonably set the standard of the circumstances of the crime,and increase the penalty of fine and qualification.
Keywords/Search Tags:fire accident, Fire fighting liability accident, Judicial determination, Criminal to
PDF Full Text Request
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