| Fire accidents are inevitable accident in daily life.After the fire accident,the scene is sometimes damaged seriously,so the fire department cannot determine the cause of the fire and can only determine that the cause of the fire is unknown.After people’s legal awareness improve,they choose to protect their legitimate rights and interests by legal means when they encounter fire accident infringement.Based on the above reasons,this paper takes the case of infringement disputes between Mr.Luo and a power supply company in Mianyang,Sichuan,and Mr.Zhao as an example to analyze the focus of the dispute in this case :1.Is the cause of the fire clear? 2.what imputation principle should be applied in this case? 3.How to determine the subject of responsibility in this case? The author makes use of current laws and regulations,judicial interpretation and legal theory to analyze the case as follows: first of all,the People’s Court does not have the qualification to determine the cause of the fire,and has no right to overturn the determination result of the "Fire Accident Recognition".This case belongs to a situation where the cause of the fire is unknown.Secondly,the Tort Liability Law does not clearly stipulate that the principle of mistake estimation is applicable to the tort liability of fire accident.But in practice,in order to balance the relationship between the victim and the infringer,it is reasonable to presume that the manager of the fire site has fault.Therefore,the presumption of fault principle should be applied in this case.Finally,in view of the third dispute focus,this paper clarifies the relevant theories by discussing the demarcation point of responsibility between the power supply company and the user,the co-ownership of the divided ownership of the building,and the liability of the spouse’s infringement debt.Analyzing the responsible party in this case,it is determined that the responsible party of the meter box in this case is the power supply company,the responsible party of the sundries is all the households,and the responsible party of the motorcycle and the battery car are the couples Yu Moulin and Zhao Modan.On the basis of case analysis,from the analysis of the legislation of fire tort liability of unknown cause of fire in our country,the legislation of our country does not clearly stipulate what kind of imputation principle should be applied,and the judgment basis of the court in the judicial practice is not uniform.Our country should make clear the imputation principle of such cases and provide the legal basis for the court to hear specific cases. |
