应急管理体系下灭火救援行为的法律风险问题研究

Research on the Legal Risk of Fire Fighting and Rescue Behavior under the Emergency Management System

消防救援队伍改革转隶后,队伍体制由公安部领导下的现役部队转变为国家行政机构。灭火救援行为作为依据职权行使的行为,从法律关系角度来看,应当受行政法律关系调整,应当遵循行政法律法规的规范要求。通过主体界定、法条解析、法理分析以及救济说明的方式,探讨新体制下消防救援队伍灭火救援法律风险的问题,能为解决当前灭火救援行动中面临的诉讼风险提供有效的思路和方向,切实提升消防救援队伍灭火救援行为的合法性、规范性。

After the reform and transfer of the fire rescue team, the team system has changed from the active troops under the leadership of the Ministry of Public Security to the national administrative agency. Fire fighting and rescue act, as an act performed according to authority, should be adjusted by administrative legal relationship from the perspective of legal relationship, and should comply with the normative requirements of administrative laws and regulations. By means of subject definition, legal article analysis, legal principle analysis and relief explanation, this paper discusses the legal risk of fire fighting and rescue of fire rescue teams under the new system, which can provide effective ideas and directions to solve the litigation risk faced by current fire fighting and rescue operations, and effectively improve the legitimacy and standardization of fire fighting and rescue behaviors of fire rescue teams.