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China's fire protection legal system is based on the Fire Protection Law.
1) Fire protection laws. Laws are normative documents formulated or approved for implementation by the National People's Congress or its Standing Committee through certain legislative procedures. The Fire Protection Law is the only special fire protection law with national legal effect that is currently being implemented in China.
In addition, the provisions on fire protection in the Administrative Punishment Law, the Regulations on Public Security Administration Punishments, the Administrative Reconsideration Law, the Administrative Litigation Law, the Criminal Law, the State Compensation Law and other laws are also the basic legal source of fire protection laws and regulations.
2) Administrative regulations and rules. It has the right to prescribe administrative measures, formulate administrative regulations, and issue decisions and orders in accordance with the Constitution and laws. Ministries and commissions have the power to issue orders, directives and regulations in accordance with laws and administrative regulations and within the authority of their own departments.
3) Local regulations, ** regulations. China's constitution stipulates that the people's congresses and their standing committees of provinces, autonomous regions, and municipalities directly under the Central Government have the right to formulate and promulgate local regulations on the premise that they do not conflict with the Constitution, laws, and administrative regulations. The people's congresses of the cities where the people of the provinces and autonomous regions are located and the people's congresses of larger cities approved by the province may formulate local regulations on the premise that they are not in conflict with the Constitution, laws, administrative regulations, and local regulations of the province or autonomous region.
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Legal analysis: China's fire regulations are a manifestation of China's socialist legal system in fire management, belonging to the scope of China's administrative law, more specifically, fire regulations are an important part of public security regulations, and their interrelationship is as follows: public security regulations, public order management regulations, household administration regulations, civil dangerous goods management regulations, fire regulations, national (border) border management regulations, special industry management regulations, urban road traffic management law, as one of the branches of administrative law, The content of China's current fire regulations is very complicated, but in summary, it mainly includes:
Provisions on the organization and authority of public security and fire protection agencies. Provisions on the procedures, methods, basic principles and technical standards of fire supervision and management. The relevant fire supervision and management includes the provisions on the rights and obligations between the public security and fire protection agencies in motion, and between the public security and fire protection agencies and other state organs, social organizations, enterprises, public institutions and individual citizens.
Legal basis: Fire Protection Law of the People's Republic of China
Article 2 The fire protection work implements the principle of prevention first, prevention and elimination combined, and implements the fire safety responsibility system in accordance with the principle of unified leadership, supervision by the department according to law, full responsibility of the unit, and active participation of citizens, and establishes and improves the socialized fire protection network.
Article 3 Lead the national fire protection work. Local people at all levels are responsible for fire protection work within their respective administrative areas. The people at all levels should incorporate the fire protection work into the national economic and social development plan to ensure that the fire protection work of Hongnian is compatible with the economic and social development.
Article 4 The emergency management department shall supervise and manage the fire protection work of the whole country. The local people's emergency management department at or above the county level shall supervise and manage the fire protection work within its administrative area, and the people's fire and rescue agency at the same level shall be responsible for the implementation. The firefighting work of military facilities shall be supervised and managed by the competent units, with the assistance of the fire-fighting and rescue institutions; The fire protection work of the underground part of the mine, nuclear power plants, and offshore oil and gas facilities shall be supervised and managed by the competent units.
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China's fire protection laws and regulations system is an important part of China's legal system with fire protection law as the core, supplemented by fire protection regulations, fire protection regulations and fire protection technical specifications.
Legal basis: Fire Protection Law of the People's Republic of China
Article 1: This Law is enacted in order to prevent fires and reduce fire hazards, strengthen emergency rescue efforts, protect the safety of persons and property, and maintain public safety.
Article 2 The fire protection work implements the principle of prevention first, prevention and elimination combined, and implements the fire safety responsibility system in accordance with the principle of unified leadership, supervision by the department according to law, full responsibility of the unit, and active participation of citizens, and establishes and improves the socialized fire protection network.
Article 3 Lead the national fire protection work. Local people at all levels are responsible for fire protection work within their respective administrative areas.
The people at all levels should incorporate the fire protection work into the national economic and social development plan to ensure that the fire protection work is compatible with economic and social development.
Article 5 All units and individuals have the obligation to maintain fire safety, protect fire-fighting facilities, prevent fires, and report fires. All units and adults have the obligation to participate in organized firefighting work.
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Legal Analysis: The Fire Protection Law focuses on maintaining public safety. This Law is formulated in order to prevent fires and reduce fire hazards, strengthen emergency rescue work, protect the safety of people and property, and maintain public safety.
Legal Wheel Sakura Basis: "Fire Protection Law of the People's Republic of China".
Chapter I: General Provisions.
Chapter 2 Fire Prevention.
Chapter III Fire Protection Organization.
Chapter IV Fire Fighting and Rescue.
Chapter V: Supervision and Inspection.
Chapter VI: Legal Responsibility.
Chapter VII Supplementary Provisions.
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Legal analysis: China's fire protection laws and regulations system takes the fire protection law as the core, supplemented by fire protection regulations, fire protection regulations and fire protection technical specifications, which is an important part of China's legal system.
Legal basis: Fire Protection Law of the People's Republic of China
Article 1: This Law is formulated so as to prevent fires and reduce fire hazards, strengthen emergency rescue efforts, protect the safety of persons and property, and preserve public safety.
Article 2 The fire protection work implements the principle of prevention first, prevention and elimination combined, and implements the fire safety responsibility system and establishes and improves the socialized fire protection work network in accordance with the principle of leading the body, supervising the department according to law, fully responsible for the unit, and actively participating in the citizens.
Article 3 Lead the national fire protection work. Local people at all levels are responsible for fire protection work within their respective administrative areas.
The people at all levels should incorporate the fire protection work into the national economic and social development plan to ensure that the fire protection work is compatible with economic and social development.
Article 5 All units and individuals have the obligation to maintain fire safety, protect fire-fighting facilities, prevent fires, and report fires. All units and adults have the obligation to participate in organized firefighting work.
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