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Who should compensate for the loss of Shangri-La fire?
Thanks for inviting me. 1. The public security department will no longer identify the fire responsibility. According to the Regulations on Fire Accident Investigation revised by the Ministry of Public Security in July 201July (implemented in July 201February 1 1), the public security fire department no longer needs to identify the fire responsibility, but only needs to identify a fire accident. The basis for making the fire liability certificate was Decree No.37 of the Ministry of Public Security, Provisions on Fire Accident Investigation (Articles 29 and 30), which was abolished in 2009. Second, the liability for compensation will be mainly based on the Tort Liability Law. Article 6 of the Tort Liability Law stipulates that if the actor infringes upon the civil rights and interests of others due to his fault, he shall bear tort liability. In tort liability litigation, the victim must prove that he has personal or property damage, and the actor is at fault and there is a causal relationship between fault and damage. Because the identification of a fire accident is the identification of the cause of the fire (Article 29 of the Regulations on the Investigation of Fire Accidents), it can be used as important evidence for the victim to claim damages from the responsible person. However, fire accident liability is not equal to civil liability. Three. Subrogation right of insurance company after fire insurance claims: Article 60 of Insurance Law 1: If an insured accident is caused by damage to the subject matter insured by a third party, the insurer shall subrogate the insured's right to claim compensation from the third party within the compensation amount from the date of compensation to the insured. 20 14 65438+ 10/8 Revision: According to news reports, the cause of the fire in Shangri-La, Yunnan Province was found out: the perpetrator used electrical appliances improperly, and this answer was revised. The investigation team determined that the fire broke out in the bedroom of Tang Ying (female, 42 years old, Shanghainese, Ruyi Inn operator) on the second floor of the northern end of No.8 Chilangshuo, the ancient city of Dukezong, according to the on-site inspection, peripheral investigation, questioning witnesses and viewing video surveillance videos. The fire point is a five-sided halogen heater between the computer desk and the rattan chair on the west side of Tang Ying's bedroom; Video surveillance records show that there was an open fire in Tang Ying's bedroom at 1. According to the on-site investigation, the investigation team took the methods of extracting trace material evidence, collecting on-site video surveillance videos, asking the parties, conducting on-site fire experiments, etc., and inspected and identified the trace material evidence extracted from the site, and sent the important material evidence to Shenyang Fire Material Evidence Identification Center of the Fire Department of the Ministry of Public Security for identification. Through the above work, the causes of the fire are: Tang Ying improperly used five-sided halogen heaters in the bedroom, did not turn off the power before going to bed, and the five-sided halogen heaters ignited combustible materials, causing a fire. Therefore, the losses caused by the fire may be rescued, compensated or compensated in the following ways: the victims are temporarily resettled and the government departments give some assistance. See Article 47 of the Interim Measures for Social Assistance (revised on February 27, 20 14); Persons insured with property insurance may apply to the insurance company for claims; The victim can claim damages from the injurer (but the expectation is not optimistic enough, and the damage degree is estimated to be beyond the economic tolerance of the injurer). Attachment: Order No.37 of the Ministry of Public Security: Provisions on Fire Accident Investigation (Order No.37 of the Ministry of Public Security) OrderNo. 12 1: Ministry of Public Security's Amendment