The Ministry Of Public Security On Amending The Decision To Fire Accident Investigation Regulation

Original Language Title: 公安部关于修改《火灾事故调查规定》的决定

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Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201210/20121000377270.shtml

The Ministry of public security on amending the decision to fire accident investigation regulation

    (July 17, 2012 the Ministry of public security released the 121th since November 1, 2012) in order to further regulate the public security fire control institutions fire accident investigation, improving fire investigation and procedure, the Ministry of public security decided to fire accident investigation regulations read as follows:

    A, fifth paragraph modified as follows: "railway, port and shipping, civil aviation, public security agencies and State-owned forests the forest public security fire control institutions responsible for investigating the fire supervision and fire within.

Second, the sixth is revised as follows: "fire accident investigation by the fire Division of public security fire control institutions in accordance with the following:

"(A) above a fire killed 10 people, injured more than 20 people, serious injury or death of more than 20 people and affected more than 50 households, by the Governments of provinces, autonomous region public security fire control institutions responsible for organizing investigations;

"(B) a fire killed more than one person, ten or more serious injuries, affected more than 30 households, by districts or equivalent to people's Governments at the same level of public security fire control institutions responsible for organizing investigations;

"(C) a fire seriously injured ten people or victims below the age of 30, and by the people's Governments at the county level public security fire control institutions responsible for the investigation.

"Municipalities public security fire control institutions responsible for investigating a fire killed three people, injured more than 20 people, serious injury or death of more than 20 people, fire accidents affected more than 50 households, municipalities, district and County public security fire control institutions responsible for investigating other fires. "The only property damage of fire accident investigation, governed by provincial public security organs based on actual local regulations, reported the Ministry of public security record.

    ” Three articles, and the 16th in the first paragraph is amended as: "fire in County-level public security fire control institutions shall, in accordance with the scene of the fire, ruled out danger, ensure the safety of investigators and the delineation of the enclosing scope, warning flag is set to prohibit unrelated persons to enter the scene, control fire accident suspects.

    ” Four article 23rd, amended to read: "traces of the scene, the articles need to be specialized technical identification, public security fire control institutions shall delegate accreditation body established by law, and to prescribe a period for identification and identification of bodies and identification of retention samples.

    ” Five, the 24th is revised as follows: "the death of fire, in order to ascertain the cause of death, public security fire control institutions shall immediately report to the class body examination of the Police Department of criminal science and technology. Identification of criminal science and technology departments of public security organ shall issue a postmortem examination instruments, determine the cause of death.

    ” VI to modify the article 25th to: "institutions licensed by the Administrative Department of health with doctors who are qualified proof of the diagnosis, as a basis for public security fire control institutions found that degree of bodily harm.

However, having any of the following circumstances shall be carried out by the forensic expert testimony:

"(A) the less seriously injured, may constitute a serious injury;

"(B) the fire injured person requires to be identified;

"(C) damage dispute by the parties; "(D) other circumstances that should be identified.

    ”

    In article seven, the 29th "timely identification of cause and the cause of the fire," amended to read "to the determination of the cause of the fire in a timely manner."

    In article eight, the 30th "and there is evidence to rule out the cause of the fire," amended to read "and evidence can be excluded and the cause of the fire cannot be ruled out."

    Nine, by deleting article 31st. Ten, the 33rd to 32nd and amended as: "public security fire control institutions shall draw up a certificate of fire from the date served in the 7th, and shall inform the parties of the right to apply for a review of. Undeliverable, you can make a fire accident identification within 7th day of service by publication. Period of notice for the 20th, expiry of the notice shall be deemed served.

    ” Cheung added, as the 33rd article: "more than large fires or special fire, public security fire control institutions shall carry out fire technical investigations, investigation report on the formation of fire protection technology, escalation to the provincial public security fire control institutions, over major fire accident investigation report shall file with the Ministry of public security.

Investigation report should include the following:

"(A) the fire site survey;

"(B) after the fire and fire fighting;

"(C) casualties and direct economic losses caused by the fire statistics;

"(D) the cause of the fire and the cause analysis;

"(E) preventive measures. "Determine the fire rating of standards in accordance with the relevant provisions of the Ministry of public security.

    ”

Under article 12, the 35th is revised as follows: "fire accident identification objections by the parties, from the date of service of the fire accident identification within 15th up written application for review from the public security fire control institutions; the fire accident of the provincial public security fire control institutions finds objectionable, written an application for review to the provincial public security organs. "An application for review shall set forth the basic situation of the applicant, the respondent's name, a request for review, apply for a review of the main facts, reason and evidence, the signature or seal of the applicant, date of the application for review.

    ”

Third amendment of the first paragraph of article 13, the 36th as follows: "review bodies to uphold the original fire found direct fire or accident review found".

Delete the fourth. The second paragraph is amended as: "public security fire control institutions request for revision was inadmissible, it shall notify the other party, at the same time inform the identified bodies.

    ”

14, the 38th article is revised as follows: "review institutions should review original fire accident identification and written reviews and, if necessary, to conduct investigations into about; the scene of the fire remain and are not damaged, you can review the inspection. "Review during the period under review, review the applicant withdraws the application for review, the public security fire control institutions shall terminate the review.

    ” Section XV, the 39th is revised as follows: "review bodies should be since the date of the request for revision was inadmissible in the 30th, making review decisions, time limits and in accordance with the provisions of article 32nd applicant, other parties and the original accreditation agencies.

Needs to the relevant officers to an investigation or review the inspection of fire site, approved by the head of the review, review period may be extended to 30th.

"Fire accident identification key facts are clear, the evidence is indeed full, procedure legal, fire cause determination correctly, review bodies shall maintain the original fire accident identification.

"Fire accident identification with one of the following circumstances, direct fire review bodies should review finds or order the original finds that institutions conducted a fire accident identification and rescind finds bodies of fire accident identification:

"(A) the main facts are not clear, or the evidence is not really adequate;

"(B) the violation of legal procedures, results fair;

"(C) finds that there are obvious inappropriate behavior or fire cause determination error; "(D) exceed or abuse.

    ”

40th article 16, be modified to: "the original identified agency after receiving the review decided to renew fire accident identification, should re-examine and renew fire accident identification in the 15th.

"Direct fire review body finds before making a fire accident identification and finds bodies of origin, shall be indicated to the applicant, the other parties to reconsider it; original finds agency renewed certificate of fire, shall, in accordance with the provisions of article 32nd time served, and submitted to the review bodies for the record. "Limited to one review. Renewed fire accident of the parties identify the original institution finds that can be applied for a review in accordance with the provisions of the present article 35th.

    ” 41st article 17, be amended to read: "in accordance with the relevant provisions should be disciplined, handed over to the relevant authorities.

    ”

    18, by deleting the 44th article of the "disaster". Add a in article 19, in the 45th, as the second item: "' ' villagers ' houses for statistical population, fire, as registered with the public security Department of household statistics.

” The second to the third item, amended to read: "in these provisions within the 15th (including the number) the term provision refers to working days, excluding holidays.

    ”

20, the fire accident investigation provide serial numbers in accordance with the relevant provisions of this decision and be adjusted accordingly.

   This decision shall take effect on November 1, 2012.

    The fire accident investigation regulations be revised according to this decision, republished.

    Report: fire accident investigation regulations (amended 2012) (April 30, 2009, People's Republic of China Ministry of public security, the 108th publishing, July 17, 2012, of the decision of the Ministry of public security to amend amendments)

    Directory

Chapter I General provisions

Chapter II jurisdiction

Chapter III summary procedure

 The fourth chapter general procedures

 Section I General provisions

 Section II on-site investigations

 Section III inspection and verification

 Fire losses in the fourth quarter statistics

 Fifth Festival fire accident identification

Sixth Festival review

Fifth chapter of fire accident investigation

    The sixth chapter supplementary articles

    Chapter I General provisions

    First in order to regulate the fire accident investigation to ensure public security fire control institutions shall perform their duties, fire protection the legitimate rights and interests of the parties, in accordance with the People's Republic of China fire protection law, these provisions are formulated.

    Second public security fire control institutions to investigate the fire, these provisions shall apply.

    The third fire accident investigation is to investigate the cause of the fire, fire losses in the statistics, the fire dealt with according to law, lessons summary fire.

Article fourth fire accident investigation should adhere to timely, objective, just and legal principles.

    No entity or individual may obstruct or unlawfully interfere with fire investigations.

    Chapter II jurisdiction

Fifth fire accident investigation by local police authorities above the county level and implemented by the level of public security fire control institutions; has not yet established a public security fire control institutions, implemented by the county police.

Police station fire accident investigation department shall assist the public security authorities to maintain order at the scene of the fire, to preserve the site and control fire accident suspects.
Railway, port and shipping, civil aviation, public security agencies and State-owned forests the forest public security fire control institutions responsible for investigating the fire supervision and fire within.

    Sixth fire accident investigation by public security fire control institutions where the fire occurs according to the following Division:

(A) over a fire killed 10 people, injured more than 20 people, serious injury or death of more than 20 people and affected more than 50 households, by the Governments of provinces, autonomous region public security fire control institutions responsible for organizing investigations;

(B) a fire killed more than one person, ten or more serious injuries, affected more than 30 households, by districts or equivalent to people's Governments at the same level of public security fire control institutions responsible for organizing investigations;

(C) a fire seriously injured ten people or victims below the age of 30, and by the people's Governments at the county level public security fire control institutions responsible for the investigation.

Municipalities public security fire control institutions responsible for investigating a fire killed three people, injured more than 20 people, serious injury or death of more than 20 people, fire accidents affected more than 50 households, municipalities, district and County public security fire control institutions responsible for investigating other fires.

    Only property damage of fire accident investigation, governed by provincial public security organs based on actual local regulations, reported the Ministry of public security record.

Seventh fire across boundaries, by first fires the public security fire control institutions in accordance with the provisions of article sixth of the Division responsible for the investigation, public security fire control institutions to offer assistance related to boundaries. Dispute arises over jurisdiction and submit them to the common level of public security fire control institutions specified jurisdiction.

    County public security organs shall be responsible for the implementation of the fire into the contentious jurisdiction, specified by the competent police authorities at a higher level together.

Eighth superior public security fire control institutions shall fire accident investigations to subordinate public security fire control institutions supervision and guidance.

    Superior public security fire control institutions when deemed necessary to investigate fire governed by public security fire control institutions at lower levels.

    Nineth public security fire control institutions receiving the fire alarm, shall promptly send officers rushed to the scene and instructed to fire investigations, fire accident investigation work.

Article tenth has any of the following circumstances, public security fire control institutions shall immediately report to the competent police notify the public security organ has jurisdiction over criminal investigation department, police criminal investigation department after receiving the notice shall be immediately deployed to the scene to participate in the investigation; suspected arson, police criminal investigation department should be on file for investigation according to law, the public security fire control institutions to offer assistance:

(A) the death of fire;

(B) State agencies, radio stations, television stations, schools, hospitals, nursing homes, child care centres, kindergartens, cultural relic protection unit, post and communications, transportation hubs and other departments and units of the social impact of big fires;

    (C) suspected of arson fires.

    11th military installations fire needs public security fire control institutions to assist in the investigation, by the provincial public security fire control institutions or deployed fire accident investigation experts to assist the Ministry of public security Fire Department.

    Chapter III summary procedure

12th fire under both of the following situations, may apply summary proceedings:

(A) there were no casualties;

(B) the direct property losses are minor;

(C) the parties have no objection to fire;

(D) no suspicion of arson.

    The preceding paragraph second specific criteria determined by the provincial public security authorities, reported the Ministry of public security record.

13th summary investigation process can consist of a fire accident investigators, and in accordance with the following procedure:

(A) indicate that law enforcement capacity, specify basis;

(B) investigation visits to the parties and witnesses, understanding during fire, fire burned the main items and damaged buildings and fire-related conditions;

(C) review the scene of the fire and make photographic or video;

(D) shall inform the parties of investigation of fire and heard the views of the parties, establishment of the facts and reasons or evidence submitted by the parties, should be adopted;

(E) making fire accident summary certificate of survey on the spot, by fire investigators, after the parties sign or NA fingerprint delivery party.

    Fire investigators shall, within the 2nd fire accident summary investigations found that the newspaper is a member of public security fire control institutions record.

    The fourth chapter general procedures

    Section I General provisions Except in accordance with the provisions of article 14th summary proceedings outside, when public security fire control institutions to investigate the fire, fire accident investigation officers shall not be less than two.

    If necessary, you can hire an expert or professional staff to assist in the investigation. 15th the Ministry of public security and the provincial public security organs shall establish a fire accident investigation expert group, to assist in the investigation of complex and difficult fires.

    Group of experts to assist in the investigation of fires, shall provide expert opinion.

16th fire of county-level public security fire control institutions shall, in accordance with the scene of the fire, ruled out danger, ensure the safety of investigators and the delineation of the enclosing scope, warning flag is set to prohibit unrelated persons to enter the scene, control fire accident suspects.

    Public security fire control institutions shall, in accordance with the fire accident investigation needed, adjust the enclosing scope, and relieved the scene at end of scene investigation closed.

    17th closed the scene of the fire, public security fire control institutions shall, on the scene of the fire on the closed scope, timing and requirements shall be published.

18th fire services of the public security organ shall, upon receiving the fire alarm within 30th of fire accident identification; complex, difficult, and approved by the public security fire control institutions at a higher level, you can extend the 30th.

    In fire accident investigation requires inspection, verification, testing, identification, time is not included in the survey period.

    Section II on-site investigations 19th fire investigators should be based on need, to find, fire fighting personnel, familiar with fire place, location and production personnel, is against the suspects of the incident and the fire people, informed staff for questioning. Fire accident suspects can be legally called.

If necessary, you can request was identified on the spot by asking people to fire. Asked a record shall be kept and signed by the fire accident investigators and asked or NA fingerprints.

    Person questioned refuses to sign and NA fingerprints, should be indicated in the record.

20th inspection site rules shall follow the fire scene investigation, crime scene photography or video, audio, making the transcripts and field diagrams recording methods such as site conditions.

To investigate the deaths had been the scene of the fire, fire accident investigation officers shall observe and record the body surface, to investigate the position of the body in a fire. Site inspection record shall be signed by the fire investigators, witnesses or the parties. Witnesses, the party refuses to sign or not to sign, should be indicated on the transcripts.

    Site map shall be signed by the drafter, audit.

21st scene mark, the goods shall be in accordance with the following procedure:

(A) the volume marks, position, size, and photo or video;

(B) fill in the fire signs, goods extracted list, signed by the extraction, witnesses or the parties; witnesses, party refuses to sign or not to sign, it should be indicated in the list;

(C) package traces, objects, pasting labels, indicating fire name and package signs, name, number of items and their time, signed by the packaging, witnesses or the parties; witnesses, party refuses to sign or not to sign, shall be indicated on the label.

    Extraction of traces, objects, should be properly kept. 22nd according to need, as responsible for the fire accident investigation, approval of the head of the public security fire control institutions, you can experiment. Experiments should be photographic or video production site test report, and signed by the experimenter.

Field test report shall contain the following particulars:

(A) the purpose of the experiment;

(B) the time, environment and location;

(C) experimental using instruments or items;

(Iv) process;

(E) the results;

    (F) other matters relating to the experiments.

    Section III inspection and verification

23rd scene of traces, the articles need to be specialized technical identification, public security fire control institutions shall delegate accreditation body established by law, and to prescribe a period for identification and identification of bodies and identification of retention samples.

    Public security fire control institutions may delegate price assurance agencies established by law as necessary to identify the fire direct property loss. Article 24th death of fire, in order to ascertain the cause of death, public security fire control institutions shall immediately report to the class body examination of the Police Department of criminal science and technology.

    Identification of criminal science and technology departments of public security organ shall issue a postmortem examination instruments, determine the cause of death. 25th institutions licensed by the Administrative Department of health with doctors who are qualified proof of the diagnosis, as a basis for public security fire control institutions found that degree of bodily harm.

However, having any of the following circumstances shall be carried out by the forensic expert testimony:

(A) the less seriously injured, may constitute a serious injury;

(B) the fire injured person requires to be identified;

(C) damage dispute by the parties;

    (D) other circumstances that should be identified.

Article 26th of damaged units and individuals to provide expert opinion issued by the price certification bodies, public security fire control institutions shall review the following matters:

(A) the forensic institutions, with qualification, qualification of a witness;

(B) forensic institutions, signature and stamp of a witness;

(C) adequacy of expert opinion evidence;

(D) identification of whether there are other circumstances that affect identification accuracy.

    In conformity with the provisions can be used as evidence; for not complying, inadmissible.

    Fire losses in the fourth quarter statistics

    27th damaged units and individuals shall be in the fire to the fire fight within 7th day of county-level public security fire control institutions faithfully report the fire direct property loss, and with valid proof.

    28th public security fire control institutions shall be based on the unit or individual declarations, price certification bodies established by law issued by the fire direct property loss of expert opinions and investigations to verify the situation, in accordance with relevant regulations, direct economic loss to the fire and casualty statistics.
Fifth Festival fire accident identification

    29th public security fire control institutions shall be based on the field inspection, survey, inquiries and investigations relating to tests, expert opinions, making the determination of the cause of the fire in a timely manner.

    30th on the cause of the fire has been identified, they shall be deemed parts of the fire, fire, fire origin and cause of the fire; the cause of the fire could not be ascertained, shall determine the fire, fire or fire site and evidence can be excluded and cannot be ruled out that the cause of the fire.

    31st a public security fire control institutions in front of the fire accident identification, shall convene the parties arrived at the scene, identified by the description to be the cause of the fire, hearing the parties; parties did not present shall be recorded. Article 32nd public security fire control institutions shall draw up a certificate of fire from the date served in the 7th, and shall inform the parties of the right to apply for a review of. Undeliverable, you can make a fire accident identification within 7th day of service by publication.

    Period of notice for the 20th, expiry of the notice shall be deemed served. 33rd for larger or more fire accidents or special fire, public security fire control institutions shall carry out fire technical investigations, investigation report on the formation of fire protection technology, escalation to the provincial public security fire control institutions, over major fire accident investigation report shall file with the Ministry of public security.

Investigation report should include the following:

(A) the fire site survey;

(B) after the fire and fire fighting;

(C) casualties and direct economic losses caused by the fire statistics;

(D) the cause of the fire and the cause analysis;

(E) preventive measures.

    Determine the fire rating of standards in accordance with the relevant provisions of the Ministry of public security.

    34th after fire accident identification public security fire control institutions, the parties may request, copies of or excerpts from fire accident identification books, records of inspection and testing, expert opinion, public security fire control institutions shall be provided from the date of receipt of the application within the 7th, but involve State secrets, business secrets and personal privacy or other departments of the surrender of public security organs according to law shall not be provided and justified.

    Sixth Festival review

Disagrees with the article 35th of fire accident identification, from the date of service of the fire accident identification within 15th up written application for review from the public security fire control institutions; the fire accident of the provincial public security fire control institutions finds objectionable, written an application for review to the provincial public security organs.

    An application for review shall set forth the basic situation of the applicant, the respondent's name, a request for review, apply for a review of the main facts, reason and evidence, the signature or seal of the applicant, date of the application for review. Article 36th review institution shall, from the date of receipt of the application for review within the 7th made whether to accept the decision and notify the applicant in writing.

Any of the following circumstances, inadmissible:

(A) non-fire review applications submitted by the parties;

(B) within the review period;

(C) the review bodies to uphold the original fire found direct fire or accidents identified by the review;

(D) summary proceedings to fire accident identification.

    Public security fire control institutions request for revision was inadmissible, it shall notify the other party, at the same time inform the identified bodies.

    37th original articles found within the institution shall, from the date of receiving notification of the 10th, made written statements to the review bodies, fire accident investigation and submit the file.

Article 38th review institutions should review written review and fire accident identification and, if necessary, to conduct investigations into about; the scene of the fire remain and are not damaged, you can review the inspection.

    Review during the period under review, review the applicant withdraws the application for review, the public security fire control institutions shall terminate the review. 39th review bodies should be since the date of the request for revision was inadmissible in the 30th, making review decisions, time limits and in accordance with the provisions of article 32nd applicant, other parties and the original accreditation agencies.

Needs to the relevant officers to an investigation or review the inspection of fire site, approved by the head of the review, review period may be extended to 30th.

Fire accident identification key facts are clear, the evidence is indeed full, procedure legal, fire cause determination correctly, review bodies shall maintain the original fire accident identification.

Fire accident identification with one of the following circumstances, direct fire review bodies should review finds or order the original finds that institutions conducted a fire accident identification and rescind finds bodies of fire accident identification:

(A) main facts are not clear, or the evidence is not really adequate;

(B) the violation of legal procedures, results fair;

(C) recognize there is improper, or fire cause determination error;

    (D) exceed or abuse.

Article 40th recognized institutions received a renewed fire accident identification review decision, should re-examine and renew fire accident identification in the 15th.

Review Agency direct fire accident identification before making a fire accident identification and finds bodies of origin, shall be indicated to the applicant, the other parties to reconsider it; original finds agency renewed certificate of fire, shall, in accordance with the provisions of article 32nd time served, and submitted to the review bodies for the record. Limited to one review.

    Renewed fire accident of the parties identify the original institution finds that can be applied for a review in accordance with the provisions of the present article 35th.

    Fifth chapter of fire accident investigation

41st public security fire control institutions in fire accident investigation process, should be dealt with separately according to the following conditions:

(A) the alleged crimes of fire, fire accident crime in accordance with the provisions on the procedures of public security organs in handling criminal cases on file for investigation; arrested for other crimes, and transferred to the relevant authority in a timely manner;

(B) the alleged fire safety violations, according to the investigation and handling of handling administrative cases by public security organs regulations; arrested for other offences, transferred to the relevant authorities for investigation in a timely manner;

(C) in accordance with the relevant provisions shall be given sanctions, handed over to the relevant authorities.

    Investigation does not belong to fire, public security fire control institutions shall inform the parties ways and recorded.

42nd public security fire control institutions to the referral of cases to the competent authority concerned shall be at the same level of public security fire control institutions responsible for approval of the transfer within 24 hours, and according to the case report of the following materials:

(A) notice of removal;

(B) investigations into cases;

(C) the articles list;

(D) interrogation, transcripts, tests, expert opinions as well as photographic, video, audio and other information;

(E) other related material.

    Constitute the crime of setting fire to need to be transferred to the Criminal Investigation Department of the public security organs, the fire should be handed over. 43rd other departments of the public security organs shall accept public security fire control institutions to transfer suspected criminal cases within 10th of, review and make a decision.

    Decision filed in accordance with law, shall notify the referral of cases by public security fire control institutions; not filed in accordance with law, shall state the reason, and notify the referral of cases by public security fire control institutions, and return the case file.

44th public security fire control institutions and their staff, one of the following acts, in accordance with relevant regulations, personnel disciplinary action constitutes a crime, criminal responsibility shall be investigated in accordance with law:

(A) directs others to errors found or deliberately wrong determination of the cause of the fire;

(B) the hidden fire, direct economic losses, casualties of fire;

(C) the use of the convenience of duty, solicit or illegally accept others ' property;

    (D) other acts of abuse of authority, dereliction of duty or engages in.

    The sixth chapter supplementary articles

45th article of the regulations, the following terms mean:

(A) "party" means fire, spreading and losses have a direct interest in the units and individuals.

(B) "household", used in statistical population, village house fire, according to the public security agency registered household statistics.

(Iii) the provisions within the 15th (including the number) the term provision refers to working days, excluding holidays.

    (Iv) mentioned in the present provisions of the "above" containing the number, level, "the following" does not contain this number.

    Article 46th fire accident investigation relating to avoidance, evidence, investigation, identification requirements, not provided for in these provisions shall, in accordance with the implementation of the procedures of public security organs in handling administrative cases.

    47th legal instruments needed for the implementation of the provisions of article style, developed by the Ministry of public security. 48th article of the regulations come into force on May 1, 2009. Published on March 15, 1999 the purpose of fire accident investigation regulations (Ministry of public security, the 37th) and March 18, 2008 promulgated amendments to the provisions of the fire accident investigation (Ministry of public security to 100th) repealed simultaneously.