'blocked fire passage' has become a high-frequency word. This is not only related to the inadequate management of property companies, insufficient parking space planning in the community, low residents' legal awareness and safety awareness, but also related to the lack of legal deterrence. We should timely improve the fire protection law, criminal law and other laws and regulations and relevant provisions, increase the punishment for blocking the fire passage, and seriously study whether it is necessary to bring the blocking of the fire passage into the scope of punishment of the criminal law like dealing with the parabola of high-rise buildings.
On the evening of December 2, a fire broke out on the external wall insulation materials of commercial and Residential Building 102, block a, Sr new town, Hunnan New Area, Shenyang, Liaoning, and the 25 storey building was charred. It is reported that all open fires were extinguished overnight, 298 residents were evacuated urgently, and no casualties were found. The staff of Hunnan District Emergency Management Bureau said that the external wall insulation material of a window on the fifth floor was on fire. Because the fire passage nearest to the building was blocked by parked vehicles, the fire could not be controlled in the initial stage, and the fire jumped to the roof in six minutes.
Videos and pictures taken at the scene showed that the fire spread rapidly from low to high, with fierce fire and thick smoke, which made people feel terrible. Fortunately, there were no casualties. This benefited from the emergency and effective response of relevant departments - the fire department set up high-rise fire water guns to spray water to the fire site, and entered the building for fire fighting and search and rescue. The local government immediately transferred and evacuated 298 residents in the fire site building. However, the fire still caused a lot of property losses, which is worth reflecting on.
For example, why the fire of building exterior wall thermal insulation materials -- whether the materials are unqualified or for other reasons, this problem must be found out. Before, the external wall insulation materials have caused many fire accidents, which should be paid great attention. For another example, the fire fighting channel is blocked, resulting in untimely fire fighting, which is a problem worthy of reflection. In the past, similar situations have occurred in other places. After the 'life channel' is blocked, it has caused great resistance to fire rescue and directly affected the rescue effect and fire loss.
Taking the above accidents as an example, if the fire passage is unblocked, the fire department will quickly control the fire, so as not to cause greater losses due to the rapid spread of the fire. From this point of view, if blocking the fire passage causes heavy losses to public and private property, it has been suspected of criminal crimes such as crimes against public security. If the fire passage is blocked, causing major casualties, it is also suspected of the crime of major liability accident. Netizens commented on the above accident that 'blocking the fire passage is murder', which may not be very accurate, but in terms of severity, it is to the point.
Whether the fire passage is unblocked is related to the safety of public life and property. Blocking the fire passage is equivalent to preventing life rescue, and its harm may be more serious than the parabola of high-rise buildings. Not long ago, the Supreme People's Court issued the opinions on properly hearing cases of high-altitude throwing and falling objects according to law, which made it clear that high-rise throwing is' punishable '- for intentional high-altitude throwing, the crime of endangering public security by dangerous means, the crime of intentional injury or the crime of intentional homicide shall be punished according to specific circumstances, and heavier punishment shall be given under specific circumstances.
If deliberately blocking the fire passage affects the rescue and causes heavy losses, the offender shall also be investigated for criminal responsibility. However, the punishment of the fire protection law is relatively light, that is, units that occupy, block, close evacuation passages, emergency exits or have other acts that hinder safe evacuation shall be fined not less than 5000 yuan but not more than 50000 yuan; If an individual blocks the fire passage, he shall be given a warning or fined not more than 500 yuan. According to this provision, if the fire passage is blocked and causes heavy losses, the maximum penalty can only be 500 yuan for illegal individuals, which is too big compared with the loss.
Judging from the public reports in recent years, 'blocked fire access' has become a high-frequency word. This phenomenon is related to the inadequate management of property companies, insufficient parking space planning in the community, low residents' legal awareness and safety awareness, as well as the lack of legal punishment and deterrence. Therefore, we must learn lessons from similar fire accidents in many places and timely improve laws, regulations and relevant provisions such as fire protection law, criminal law and so on. On the one hand, increase the punishment for blocking the fire passage; On the other hand, it is necessary to seriously study whether it is necessary to bring the high-risk and high-risk behavior of blocking fire passages into the scope of criminal punishment, like the treatment of high-rise parabolic buildings.
Even if the current law is not perfect, the victims of the above accidents can also consider investigating the civil liability of the property company and relevant vehicle owners on the grounds that the fire access is blocked, affecting the rescue and causing property losses. Previously, there was a precedent that the fire fighting channel was blocked and the fire fighting was delayed, and the court sentenced the property company to bear the responsibility. The legislature and the judiciary should attach great importance to this issue, vigorously curb the blocking of fire passages through improving legislation, and ensure public safety and the safety of citizens' lives and property to the greatest extent.