How can I compensate if I can't find the arsonist?

At about 22 o'clock on June 30th, a fire broke out in chenghua district Capital International City. According to the police report, the suspect Yin Moumou (male, 40 years old, from Ya 'an, Sichuan) jumped to his death after his ex-wife Xu Moumou set fire to his house on the 6th floor of the Capital International City14th floor. Yin Moumou set fire to Xu Moumou's death. Other residents in the building were evacuated in time, causing no casualties.

What kind of legal responsibility should arsonists bear, and who should compensate for the property losses suffered by the masses? The reporter interviewed Zheng Muqiong, a legal aid lawyer of Sichuan Legal Aid Center, and Zeng Wenzhong, director of the management committee of Ling Ying Heshi Law Firm in Sichuan Province.

1. A fire broke out in the International City early this morning, and now the police report that someone set fire to it. What kind of responsibility should arsonists bear?

Zheng Muqiong: Arson caused a fire and was criminally suspected of arson. Arson is a crime endangering public safety. According to the criminal law, anyone over the age of 14 should bear criminal responsibility for arson.

In civil, arson causes personal and property losses to others, which belongs to tort and should be liable for tort compensation.

2. How should arsonists bear the responsibility for the property losses of the masses?

Zheng Muqiong: Arsonists should be liable for tort compensation, and the way to bear the responsibility can be to make economic compensation according to the request of the victim; It can also be a request to restore damaged houses and property to their original state.

Now that the suspect is dead, what should I do?

Zheng Muqiong: In terms of criminal responsibility, the public security organs need further investigation. If it is determined that the suspect is dead, the case will be dismissed.

In terms of civil liability, if the infringer dies, the heir shall be liable for compensation to the extent of the inheritance. If the amount of compensation exceeds the scope of the estate, the heirs can pay if they are willing to pay, and if they are unwilling to pay, they will not be forced to pay. If the compensation obligor cannot be found, or the compensation obligor has no ability to pay compensation, the victim can only bear part of the loss himself.

4. Besides arsonists, are there any other units or individuals responsible for the property losses of the masses?

This should be judged according to the specific situation. Liability generally comes from agreement or infringement, and the arsonist shall bear the tort liability. If someone buys property insurance, the insurance company may be liable for compensation because of the contract.

5. In the process of rescue, if the fire escape is occupied, which affects the rescue and causes unnecessary losses, what kind of responsibility should the person who occupies the fire escape without authorization bear?

Zheng Muqiong: Those who occupy the passage may be subject to administrative punishment of warning or fine. In terms of civil liability, if there is evidence that the occupation of the fire escape really affects the rescue and leads to the expansion of fire losses, the person who occupies the fire escape can also bear the civil liability for the expansion of losses.

6. What obligations should the property management company perform in case of major emergencies such as fire?

Zeng Wenzhong: When undertaking a property, a property service enterprise shall inspect the public parts and equipment of the property and provide corresponding services in accordance with the provisions of the property service contract. According to the "Fire Protection Law", residential property service enterprises should maintain the fire protection facilities in the management area and provide fire safety prevention services. In addition, residential property service enterprises shall, according to the property service contract and legal provisions, maintain and manage the fire control facilities in the management area and provide fire safety prevention services. The Property Service Regulations, including the Civil Code, also requires property service enterprises to assist in the security work in the property management area; When a safety accident occurs, the realty service enterprise shall, while taking emergency measures, report to the relevant administrative departments in time to assist in the rescue work.

The realty service enterprise fails to perform the realty service contract, causing personal and property safety damage to the owner, and shall bear corresponding legal responsibilities.

7. During the interview, some residents reported that they did not receive the evacuation notice from the property management company after the fire broke out, and there was no warning of fire or broadcast. If losses are caused, should the property management company bear certain responsibilities?

Zeng Wenzhong: If there is a fire, the property service enterprise should immediately notify nearby residents to evacuate and fulfill their security obligations. However, according to the property management regulations, the property is only responsible for the infrastructure and public order in the public areas it manages. If the fire is only caused by the owner or others, the property is not at fault. Only when the property fails to fulfill its obligations in accordance with the law or the contract, resulting in fire or loss expansion, should it bear legal responsibility. However, in the event of a fire, the property needs assistance to do a good job, such as taking measures to prevent the fire from expanding further, ensuring the smooth flow of fire exits and reducing losses.

8. With the arrival of summer, fire prevention has become an important requirement to ensure the safety of residents' lives and property. Do you have any good suggestions for accidents such as fires?

Zeng Wenzhong: First, the property should establish and improve the fire safety system, implement the fire safety responsibility system, determine the fire safety management personnel of various departments and positions, and conduct fire training for the staff.

Second, conduct fire prevention publicity and education for owners or non-owners, and urge and guide owners or non-owners to fulfill their fire safety responsibilities;

The third is to organize fire inspection, carry out daily fire inspection, and eliminate fire hazards in time;

Fourth, in accordance with the relevant provisions of the state, improve fire-fighting facilities and fire safety signs, allocate fire-fighting equipment, and organize regular inspection and maintenance to ensure that fire-fighting facilities and equipment are in good condition and effective;

Fifth, ensure the evacuation of fire exits and the smooth exit.