Beijing is a densely populated city, with a majority of migrants. However, the extremely high housing prices, low income and other restrictions make most of the foreign population daunting. Driven by the huge demand and interests of renting houses, lessors do not hesitate to use inferior wooden materials to divide and rent houses, which has spawned the emergence and development of group renting houses. However, there are huge fire safety hazards in this kind of renting houses. This reminds me of the fire tragedy that happened in the rental house of Yiduge Group 1 0f, Xizhimen North Street1No.28, Haidian District, Beijing in 20 13/0, which killed two people. The cause of the tragedy is: a couple born after 90 had an argument over trivial matters, and Cao was rude to Li. Afterwards, Cao ignored Li. Li Yin was angry and lit a corner of the sheet with a lighter, trying to scare Cao. Cao got up and put out the fire, and then Li ordered the fire to be put out. Instead of stopping it, Cao threw chemical fiber bath towels and clothes at the flame, which led to the expansion of the fire. When they saw this, they began to put out the fire, and went to the sanitation to put out the fire indirectly. However, due to the limited water source and no fire-fighting equipment in the group rental house, the fire continued to expand and everyone had to evacuate. Because of the fire-fighting equipment installed in the group renting house, the tenants did not know each other, could not be effectively rescued, and eventually suffocated and died. Later, the court of first instance sentenced Li to death with a two-year reprieve for arson and Cao to six years in prison for arson. The second trial of the case is about to begin.

However, in order to avoid the above-mentioned similar tragedies, Beijing issued the Notice on Promulgating the per capita living area standard of rented houses in this city on July 1 2003, which clearly stipulated that "the internal structure of houses shall not be changed to split rent". However, the "Notice" did not play a deterrent role in group renting. Later, Beijing issued the Regulations on Fire Safety Management of House Lease in Beijing on June 4, 2065438 and June 0, 2065438. Paragraph 1 of Article 6 stipulates that if there are more than 10 rooms in the same house in this city or more than 15 people living in the rented house, each room and office will occupy one room. Each tenant shall be equipped with at least 65,438+0 fire extinguishers (each fire extinguisher shall be ABC type and the corresponding fire extinguishing level shall be above 2kg). Then, after the introduction of the above regulations, how many groups of rental houses can meet the above requirements? In the face of huge rental demand, I am afraid that few group rentals can meet the above requirements.

Then, who should be responsible for a fire accident in a group rented house that is not equipped with corresponding fire protection facilities as required? The author thinks that the lessee and lessor who set fire should bear corresponding legal responsibility for the fire accident of group renting house.

First of all, China's criminal law clearly stipulates the crimes of arson, fire loss and negligent death. Article 114 of the Criminal Law stipulates that whoever sets fire to endanger public safety and has not caused serious consequences shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years. Article 115 stipulates that whoever causes serious injury, death or heavy losses to public or private property by arson shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death; Whoever negligently commits the crime mentioned in the preceding paragraph shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; If the circumstances are minor, they shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention. Article 233 Whoever negligently causes death shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; If the circumstances are relatively minor, they shall be sentenced to fixed-term imprisonment of not more than three years. Where there are other provisions in this Law, such provisions shall prevail. Therefore, the lessee who set fire to the group rented house should bear the legal responsibility of arson, arson or negligent death according to the subjective and objective elements of his behavior.

Secondly, Article 3 of the Regulations of Beijing Municipality on Fire Safety Management of Housing Leasing stipulates that the lessor shall be responsible for the fire safety of the leased house. It is forbidden to rent houses that do not meet the fire safety standards and requirements. Article 17 of the "Several Provisions on the Management of Housing Lease in Beijing" stipulates that the building structure, equipment and facilities of rented houses shall meet the safety conditions of construction, fire protection, public security and sanitation, and shall not endanger personal safety. At the same time, Article 35 stipulates that in violation of Article 17 of these regulations, if there are hidden dangers of public security and fire safety in the rented house, it shall be ordered to make corrections and may be fined from 1000 yuan to 30,000 yuan. Fortieth provisions, acts in violation of these provisions, other laws, regulations and rules have provided for administrative punishment, by the relevant administrative departments in accordance with the law; If a crime is constituted, criminal responsibility shall be investigated according to law. It can be seen that the lessor should not only bear administrative responsibility for the fire accident, but also bear criminal responsibility for the death caused by negligence.

Finally, Article 139 of the Criminal Law stipulates that those who violate the fire laws and regulations and refuse to implement them after being notified by the fire supervision institution to take corrective measures, resulting in serious consequences, the persons who are directly responsible shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; If the consequences are especially serious, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years. The subject of this crime is a special subject, that is, the person in charge directly related to fire prevention, fire safety and security personnel and other personnel in state organs, enterprises and institutions.

For the owner of the house, lease the whole house to a real estate agency engaged in house leasing business and sign a long-term lease agreement. During the lease period, if the real estate agency illegally rents the house into multiple rooms without the consent of the owner of the house, and fails to provide corresponding fire-fighting equipment according to the regulations, after the fire accident, the real estate agency will not only bear the liability for breach of contract, but also bear the administrative responsibility for its illegal behavior. If he refuses to carry out it after being notified to correct it, causing serious consequences, his behavior may also constitute the crime of fire accident. According to the provisions of Article 139 of the Criminal Law, the persons who are directly responsible for real estate brokerage institutions shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; If the consequences are especially serious, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.

If the real estate intermediary agency rents the house separately with the consent of the owner of the house, and fails to equip the corresponding fire fighting equipment according to the regulations, both the lessor and the real estate intermediary agency shall bear the administrative responsibility. If a fire accident causes serious consequences, the owner of the house can bear the criminal responsibility for causing death through negligence, and the real estate brokerage agency can bear the criminal responsibility for the crime of fire accident.

(The above answers were published on 2015-11-04. Please refer to the actual purchase policy. )

Sohu Focus provides you with comprehensive information on new houses, second-hand houses, renting houses and home improvement.