In order to further improve the quality and level of fire protection law popularization
Strengthen the use of cases to explain the law, and increase publicity on popular legal education
Deepen the use of cases to promote reform, promote governance, and promote construction
Continuously enhance the awareness of fire safety in the whole society
Promote the high-quality development of fire protection law popularization
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Today's case
Violation of fire laws and regulations and electricity safety management regulations, negligence caused by fire
On December 19, 2020, a fire broke out in "a film and television studio in Luoyang County" on Xiaodong Street, Luoyang County, Hanzhong City, resulting in 3 deaths and direct property losses of about 300,000 yuan. After investigation, the cause of the fire was "bubble machine transformer failure, fire ignited on the wall, egg sound-absorbing cotton spread into a disaster".
During the investigation of the fire accident, the fire rescue brigade found that Li, the person in charge of a film and television studio in Luoyang County, as the person responsible for fire safety of the unit, failed to perform fire safety duties, resulting in the lack of fire protection facilities in the place; Use flammable materials for sound-absorbing cotton decoration; Privately and indiscriminately use substandard electrical appliances in violation of regulations, bear the main responsibility for the occurrence of fire, and be suspected of the crime of fire, and transferred to the public security organs in accordance with the law.
The Luoyang County Public Security Bureau filed a case for investigation and arrested Li in accordance with the law. On December 13, 2022, the Luoyang County People's Court announced the verdict in accordance with the law, Li was guilty of the crime of arson and sentenced to three years in prison with a four-year probation.
Relevant laws and regulations
Paragraph 1 of Article 16 of the Fire Protection Law of the People's Republic of China stipulates:
The fire safety responsibilities of the unit include implementing the fire safety responsibility system, equipping fire-fighting facilities and equipment, ensuring the smooth flow of evacuation channels and safety exits, and eliminating fire hazards in a timely manner.
Article 26 provides:
The interior decoration and decoration of densely populated places shall be in accordance with the requirements of fire protection technical standards, and non-combustible and flame-retardant materials shall be used.
Article 115 of the Criminal Law of the People's Republic of China provides:
Whoever commits the crime of arson shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; where the circumstances are more minor, a sentence of up to three years imprisonment or short-term detention is to be given. The criteria for filing a case for the crime of arson include that a case should be filed for prosecution if the fire is caused by negligence, resulting in the death of one or more people, or the serious injury of three or more people.
Explain the law with cases
In recent years, fires in training institutions have occurred frequently, causing major casualties and property losses, according to the notice of the Ministry of Emergency Management, the Ministry of Public Security, the Supreme People's Court, and the Supreme People's Procuratorate on Printing and Distributing the Measures for the Convergence of Administrative Law Enforcement and Criminal Justice for Work Safety, the fire and rescue department will transfer the suspected fire crime to the judicial organ for criminal responsibility in accordance with the law. Li, the person in charge of a film and television studio in Luoyang County, as the person responsible for fire safety of the unit, seriously violated fire laws and regulations and failed to perform fire safety duties, resulting in the lack of fire protection facilities in the place, the use of flammable materials for sound-absorbing cotton decoration, the illegal use of unqualified electrical appliances in private and disorderly connections, and the failure to fire hazards in time, which eventually led to the occurrence of fires and assumed the main responsibility for the occurrence of fires.
Fire safety is no trivial matter, and maintaining fire safety is the common responsibility of the whole society. Social units and departments at all levels must firmly establish the awareness of the supremacy of the people and the supremacy of life, actively respect the law, learn the law, abide by the law, use the law, know the responsibility, clarify the responsibility, fulfill the responsibility, and fulfill the responsibility, and jointly improve the level of fire safety through multi-party co-governance.
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