2. The main ways to determine the fire loss in litigation are as follows: First, the parties concerned negotiate on the lost and burned items and the fire liability of both parties, and determine after reaching a consensus. Second, both parties can * * * hire a price evaluation department to finalize the case. Third, if the two parties fail to negotiate, they can submit it to the court to entrust the price evaluation department for evaluation.
Ding 3. There is no need to pay land compensation fees unless the land has a special purpose or the ground objects are damaged.
Question 2: How to calculate the compensation for property loss after fire? According to the first paragraph of Article 39 of People's Republic of China (PRC) Fire Protection Law: "After the fire is put out, the public security fire control institutions have the right to close the fire site as needed, and are responsible for investigating and determining the cause of the fire, verifying the fire losses and finding out the responsibility for the fire accident." Therefore, the verification of fire losses belongs to the administrative authority of public security fire control institutions, and the identification of fire causes and the verification certification materials of fire losses made by public security fire control institutions are the preconditions for bringing a civil lawsuit.
Therefore, the fire department should be required to verify the fire loss, find out the cause of the fire, and claim compensation from the responsible party.
Process:
After the fire broke out, the fire department should first find out the cause and responsibility of the fire, and then claim compensation for the loss according to the responsibility.
The amount of compensation can be determined by both parties through consultation, and can also be entrusted to the price department for identification.
The compensation method can be determined by both parties through consultation. If negotiation fails, they can also bring a lawsuit to the court for compensation.
Question 3: How to determine the responsibility for fire accidents? This depends on who is the victim, and the responsibility is clear!
Determination of fire accident responsibility
First, the concept, characteristics and present situation of fire accident liability identification
The identification of fire accident responsibility is the behavior of public security fire control institutions to identify the responsibility of the responsible person according to law on the basis of finding out the cause of the fire after the fire broke out. According to Article 29 of the Regulations on Fire Accident Investigation Procedures (Order No.37 of the Ministry of Public Security), the responsibilities that the person responsible for fire accidents should bear can be divided into four categories: direct responsibility, indirect responsibility, leadership responsibility and direct leadership responsibility.
The identification of fire accident responsibility has three obvious characteristics:
The first is the particularity of the subject. The determination of fire accident responsibility shall be made by public security fire control institutions according to law. Public security fire control institutions are the internal organs of public security organs, and have obtained the qualification of administrative law enforcement subject because of the authorization of the Fire Protection Law. At the same time, however, the public security fire brigade is a unit that implements the active service system in China and is an integral part of China's armed police. As a result, China's fire control work has formed a very distinctive China characteristic of "military law enforcement".
The second is science. After the fire broke out, it became a worldwide problem to find out the cause of the fire because of the destruction of the fire and the destruction of the fire extinguishing. It needs to be realized by high-tech technical means, which makes the identification of fire accident responsibility based on fire cause investigation also distinctive and scientific.
The third is the de facto quasi-judicial nature. To correctly identify the responsibility, in addition to having the relevant professional and technical background (being able to correctly analyze the factual causal relationship between fire and fire, and fully grasp the fire administrative regulations), it also requires the fire accident responsibility identification person to correctly analyze the legal causal relationship between the behavior of the responsible person causing the fire (including the behavior leading to the spread and diffusion of the fire) and the consequences of the fire damage on the basis of mastering the principle of imputation. The knowledge of legal responsibility and the requirement of logical analysis ability are the basic qualities of legal professionals.
After the determination of fire accident liability, civil disputes caused by fire accidents are often based on this, which makes the determination of fire accident liability actually have the effect of determining the rights and obligations of the relative person. Due to the special management system and frequent flow of active troops, the professional quality of employees who are responsible for fire accidents is always unsatisfactory. In addition, at present, there are few employees (about 3,000 people in China), heavy tasks (98,280 fires occurred in the first quarter of 2005), poor equipment (grass-roots organizations are hardly equipped with any technical equipment), few professional institutions (there are only four professional fire research institutes in China, only one of which is mainly engaged in fire investigation), and the legal provisions are too principled (there are only four types of responsibilities, and even each has its own responsibilities).
Second, the nature of the fire accident liability identification
There are completely different views on the nature of fire accident liability determination. Focusing on the particularity and scientificity of its subject, the Ministry of Public Security believes that the identification of fire accident responsibility, like the identification of traffic accident responsibility, is a technical appraisal, not an administrative act, and does not belong to the scope of administrative litigation. However, some people in the legal profession focus on the administrative subject qualification and the quasi-judicial nature of the subject, and think that the identification of fire accident responsibility belongs to administrative confirmation. This difference is reflected in judicial practice, which shows that some courts accept and judge the administrative litigation of fire accident responsibility determination, while others refuse to accept it on the grounds that it does not belong to the scope of administrative litigation.
First of all, we must affirm that the identification of fire accident responsibility is not a technical appraisal, but an administrative act. Article 4 of the Fire Protection Law stipulates that "the local people's public security organs at or above the county level shall supervise and manage the fire protection work within their respective administrative areas, and the fire control institutions of the people's public security organs at the same level shall be responsible for the implementation". According to this authorization, public security fire control institutions have the qualification of administrative subject. According to the provisions of Article 39 of the Fire Protection Law, after a fire accident, the public security fire control institution shall determine the responsibility of the fire accident according to the investigation of the fire cause and fire loss, so it is the legal duty of the public security fire control institution to determine the responsibility of the fire accident. Therefore, the identification of fire accident responsibility is an administrative act in which the administrative subject performs legal duties. What kind of administrative behavior is the identification of fire accident responsibility? Before answering this question, we must first make clear what the object of fire accident liability determination is and what kind of legal consequences it has. As the name implies, the identification of fire accident responsibility is to identify who has the responsibility and what kind of responsibility should be borne. Responsibility has three meanings in the usual sense, the first is "obligation", and the second is >>.
Question 4: What is the specific basis for the assessment of fire losses and property losses? 10 The evaluation company can only evaluate the price on the basis provided by the other party. The parties providing the data are responsible for the data. If there is no goods at the scene, no one can estimate how many goods there are. The appraisal company can only evaluate the loss value according to the basis, which is not suitable for providing the authenticity of the data. Unless there is a scene, call the appraiser and see if we can identify it. Or review the corresponding bills, or you can estimate the approximate.
Question 5: How to determine the loss after the fire can only compensate the direct loss. You must provide a list of items lost due to this fire accident and relevant evidence. If there are casualties, the compensation amount shall be determined according to relevant laws and regulations and the responsibility of the wrong party. I suggest you consult a lawyer in detail.
Question 6: How to determine the burden of proof in cases of property damage compensation disputes with unknown fire causes 1. Although the cause of the fire is unknown, the fire department will rule out some reasons. In this case, the court will judge according to the possible causes of the fire and the corresponding responsibilities.
2. In other words, the burden of proof is on the fire department and the parties themselves.
Question 7: How much should the fire damage be compensated? There are three ways to try:
1 after the fire in Dan, the fire department has the obligation to evaluate and identify the losses at the fire site, and issue fire cause certificates, responsibility certificates and loss identification certificates for reference;
2. You can entrust the local price department to conduct loss assessment at the scene of the accident, or you can hire an insurance loss assessment company with fire loss assessment experience to conduct loss assessment;
3. You can ask the other party to sue, and submit the claim amount and relevant supporting materials. In this way, he must provide evidence for the amount he claims. If no evidence can be provided, the court will generally decide by negotiation or disapproval.
I hope I can help you.
Question 8: How to determine the burden of proof in cases of property damage compensation disputes with unknown fire causes? Even though the house was indeed built by the parents of the younger son, the parents agreed to write the name of the younger son in the real estate license itself. As parents, they agreed at that time. Years later, the court will not support the objection.
Question 9: Do both parties have to be present when the fire department entrusts the fire property damage appraisal? Otherwise, how can we be sure of the authenticity? Section III Inspection and Evaluation
Twenty-third traces and articles extracted on the spot need technical appraisal, and the fire department of the public security organ shall entrust an appraisal institution established according to law, and agree with the appraisal institution on the appraisal period and the preservation period of the appraisal materials.
The fire control institution of the public security organ may, according to needs, entrust a legally established price verification institution to identify the direct property losses caused by the fire.
Twenty-fourth people who died in a fire, the fire department of the public security organ shall immediately notify the criminal science and technology department of the public security organ at the same level to conduct a corpse examination. The criminal science and technology department of the public security organ shall issue a certificate of corpse inspection and identification to determine the cause of death.
Twenty-fifth medical identification of personal injury of fire victims shall be carried out by forensic doctors.
The diagnosis certificate issued by qualified doctors in medical institutions licensed by the health administrative department can be used as the basis for the fire control institutions of public security organs to determine the degree of personal injury. However, in any of the following circumstances, medical injury identification shall be carried out:
(a) the degree of injury is serious, which may constitute serious injury;
(two) the injured in the fire need to be identified;
(3) The degree of injury is disputed by the parties;
(4) Other circumstances that should be recognized.
Twenty-sixth of the damaged units and individuals provided by the price verification agencies issued by the appraisal opinions, the fire department of the public security organ shall review the following matters:
(1) Whether the appraisal institution and appraiser are qualified;
(2) Whether the appraisal institution and appraiser affix their seals and signatures;
(3) Whether the basis of the appraisal opinion is sufficient;
(four) whether there are other circumstances that affect the correctness of the expert opinion.
Those that meet the requirements can be used as evidence; Those who do not meet the conditions will not be admitted.
The fourth quarter fire loss statistics
Twenty-seventh damaged units and individuals shall, within seven days from the date of fire extinguishing, truthfully declare the direct property losses caused by the fire to the fire department of the public security organ at the county level where the fire occurred, and attach valid certification materials.
Article 28 The fire control institutions of public security organs shall, according to the declarations of the injured units and individuals, the appraisal opinions and investigation and verification of the direct property losses caused by the fire issued by the legally established price verification agencies, and truthfully count the direct economic losses and casualties caused by the fire in accordance with the relevant provisions.
Question 10: How to identify the person responsible for the fire accident? A tenant caught fire while cooking, and the landlord was found responsible.
A landlord rented the house to others, and the house caught fire during the tenant's rental period, causing great losses to the tenant and neighbors. Afterwards, the neighbors took the landlord to court on the grounds that "the rented house has security problems".
After the final judgment of the court of second instance, the landlord bears 20% of the fault liability. In this case, the fire was caused by the tenant's cooking, but the landlord piled up a large number of flammable items such as cartons on the balcony, which accelerated the spread of the fire and burned the neighbor's property.
A large number of houses have been rented, and fires in rented houses have also occurred from time to time. When trying such cases, the court shall determine the responsibility according to the fire accident certificate issued by the fire department. Usually, the landlord should bear the responsibility for the fire caused by the aging of electrical equipment in the rented house.
If it is written in the lease agreement that the circuit and water route are managed by the lessee, he is responsible for repairing the damage and may ask the lessee to compensate for the loss. The key is to see how the house lease contract signed by the landlord and tenant is agreed, and judge the person responsible for compensation according to the contract.
According to the law, landlords have the responsibility to provide rental houses with good quality. According to the law, the lessor shall provide the leased property that conforms to the law or the contract, and ensure that the leased property conforms to the law or the use agreed in the contract. If the lessee suffers losses due to defects or natural damage of the leased property, the lessor shall be liable for compensation. Landlords have the responsibility to ensure the fire safety of rented houses.
According to the Fire Protection Law of People's Republic of China (PRC) and the fire safety requirements of rented houses in a province, the owner of the rented house is the first person responsible for fire safety. For example, the newly revised "Zhejiang Fire Protection Regulations" stipulates that landlords who rent residential houses that do not meet fire safety requirements will be ordered to make corrections within a time limit; If the lessor fails to make corrections within the time limit, the unit shall be fined between 2000 yuan and 20 thousand yuan; If the lessor is an individual, a fine of more than 2,000 yuan and less than 200 yuan shall be imposed on the individual.
A fire broke out in a rented house due to a short circuit of wires, and firefighters arrived in time, causing no casualties. The landlord, Ms. Huang, later asked the tenant to repair the house and give appropriate compensation.
Tenants believe that the wires in the house are aging, which has great security risks, and many items have been burned and suffered huge economic losses. Instead of compensation, the tenant asked Ms. Huang to return the deposit and put forward the request for rent withdrawal.
Lawyer's analysis: As the lessee and actual user of the house, she has the management obligation to the rented house, and Ms. Huang also has the maintenance obligation to the house. The tenant has no evidence to prove that the house fire itself is not at fault, and both parties should bear their respective responsibilities. According to the law, if the leased premises and facilities are damaged, the lessee has the right to reduce the rent. Article 231 of the Contract Law If the lease item is partially or completely damaged or lost due to reasons not attributable to the lessee, the lessee may request to reduce the rent or not to pay the rent; If the purpose of the contract cannot be achieved due to partial or total damage or loss of the lease item, the lessee may terminate the contract. The lessee has the right to reduce the rent or terminate the contract because of the fire caused by the landlord's poor management of the safety measures of the rented house and the damage to the house and related facilities. Tenants have the responsibility to take care of the house.
According to the relevant laws and regulations, the lessee (that is, the tenant) shall properly keep the leased property. If the leased property is damaged or lost due to improper storage, it shall be liable for damages. Therefore, the lessee has a legal obligation to keep, care and prevent fire in the leased house. If there is a fire in the house and the cause of the fire cannot be ascertained, it shall be deemed that the lessee has not fulfilled the obligation of proper custody and compensate others for the losses caused by the fire. Of course, if the tenant can prove that the fire has nothing to do with him, he can not bear the responsibility. Therefore, when the landlord and tenant sign the house lease contract, they must check whether there are various hidden dangers in the house to prevent them before they happen.
How to nip in the bud? Safe electricity
1. The insulation of the power cord and electrical equipment must be good, and the live parts such as lamp holders, sockets and switches must never be exposed. 2. Don't pull the wires randomly to prevent electric shock or fire. 3. Don't stand on the wet ground and move charged objects or wipe charged household appliances with wet rags. 4. When an electrical fire occurs, first cut off the power supply for rescue, and don't put it out directly with water.
Safe use of gas
1. It is not allowed to connect or modify gas equipment without permission. 2. Don't pile flammable items around the gas equipment. 3. Regularly check the gas hoses and connectors. 4. When using gas, it must be ventilated and supervised.
Standing emergency supplies
Fire extinguisher, escape rope, gas mask, flashlight, etc. How to escape in case of fire?
Cover your mouth and nose and evacuate downward.
Cover your nose and mouth with a wet towel when you escape ... >>