消防应急救援范围研究

Study on the Rescue Range in Fire Emergency

消防应急救援不同于其他应急救援,它是《消防法》赋予公安机关消防机构的一项法定职责,但是,对于这一法定职责的范围,从《消防法》的规定中还难以得出一个清晰的答案。为此,有必要运用法律解释的方法,并结合公安机关消防机构的职能,对消防应急救援的范围进行深入探讨,以求得出一个既符合法学理论,又符合公安机关消防机构应急救援实践的答案,这个范围就是以抢救人员生命为主作为标准,并以此提出消防应急救援范围立法完善的建议。

Fire emergency rescue is different from other emergency rescue, which is a statutory duty or tire departments in public security organs regfilated by the ＂Fire Prevention Law of the PRC＂. However, there is no clear definition about the range of the statutory duty in the law. Therefore, we need to use legal interpretation to have a in-depth study of the rescue range in fire emergency in light of the functions of fire departments in public security organs so as to find an answer which not only meets with legal theory, but also accords with the emergency rescue practice of fire departments in .public security organs. The author thinks that the range should be set with the emphasis on the rescue of people＇s life as the standard and advances some proposals for the perfection of the legislation related to the rescue range in fire emergency.