The Judicial Review Research Of The Fire Reason Recognition

The fire reason recognition is in the fire service the important constituent, the domestic fire reason recognition relevant law question the discussion nearly blank, are very few in the authoritative legal science teaching material and the legal periodical regarding this carries on special, thorough, the comprehensive elaboration, only in fire department internal periodical and restricted data some unilaterally elaboration, but in the fire work and the judicial practice on the fire reason recognition the nature, may sue the natural and the relief way has the serious difference, has seriously restricted the fire accident investigation work legislative work. This article on the fire reason recognition the concept, the nature, might sue the natural, the relief way and the application for judicial review have conducted the relative system research and the elaboration. The full text altogether 30,000 characters, divide three parts, the main point are as follows:The this article first part to the fire reason recognition the basic concept has carried on the limits. After the fire reason recognition the basic implication and the main routine and the style carry on the elaboration, then the analysis fire reason recognition behavior the legal nature, in first to the law educational world about the fire reason recognition three different viewpoints the introductions and in the evaluation foundation, obtained the fire reason to recognize was the administrative confirmation behavior legal nature, and has briefly analyzed three main characteristics which had. Then, the author further introduced American and the Taiwan area fire investigation and the fire reason recognize situation. After limited the fire reason to recognize accurately the implication and the nature, this article second part of main analysis fire reason recognition might sue the nature. This kind of analysis mainly from the administrative main body, the fire reason recognition the legal nature, the current administrative proceedings the document scope, from to the administrative relative person's rights and interests protection, our country administration procedural law trend of development and so on five aspects are penetrated the analysis, obtained the fire reason to recognize due payment entered the administration the document scope, is mentioned the administrative proceedings the important conclusion.In the this article third part, the author analyzed the fire reason to recognize emphatically the relief way and the judicial review related question. The author first to the fire reason recognition the administrative organ relief way - recognition, the inquiry system and so on has made the analysis, next to the judicial review to the fire reason recognition the executive power retention and the respect, the application for judicial review moderate question has carried on the discussion, then the model overseas administration relief way, proposed the restructuring fire reason recognizes the relief way opinion.In summary, the author believed in the article that, about the fire reason recognition may sue the research, may obtain following three aspects the conclusion: The fire reason recognition the legal nature is one kind of concrete administrative action - administration confirmation behavior, should guarantee the judicial final power to this behavior, in carries on in the relief to be supposed to process the judicial review and the respect administrative organ's first time judgment power reasonably.