A Brief Discussion on the Hierarchy of Proof Standards


Objective and consistent. On the one hand, it is impossible for a fire case investigator to completely reproduce all the details of a fire from the beginning to the end. From this point of view, the truth of the fire is always relative, but the cause of the fire is witnessed by witnesses and fire signs. The identification can be achieved to the extent of uniqueness and exclusivity, which reflects the recognition of something with absolute certainty. On the other hand: the fire control personnel identified the cause of a specific fire case, no matter how complete the evidence is, the facts are clear, but the depth of the determination is always a certain historical period, a certain level of conclusions. For example, in December 2000, a 98 new car was suddenly in a normal driving situation. After the investigation, the fire-fighting mechanism dislodged according to the chain bolt and pushed through the cylinder, causing a large amount of hot oil to be ejected in the cylinder. The gas pipe parts are burned to make a fire caused by a mechanical failure. However, the 98 new car manufacturers believe that firefighting agencies should explain the reasons for such mechanical failures, and firefighting agencies should demonstrate design flaws. In essence, just as a criminal investigator only needs to find a suspect without further explanation of the social cause of the crime, the fire department’s identification of the cause of the fire should be limited, not unlimited, and this limitation It also reflects the fire personnel's understanding of the cause of the fire, and it is impossible to achieve the degree of complete agreement with the objective situation. Therefore, the identification of fire is the unity of absoluteness and relativity.

The cause of the fire has been known, and the identity of the deceased is not yet known.

Secondly, from the practice of fire investigation, the proof of the cause of the fire is completely achievable. It is necessary to fully investigate the cause of a fire. Specifically, it is to completely check the fire time, fire shape, fire point, fire, and fire source, and use evidence to prove that the so-called "identified evidence." Judging from the results of some major and extraordinary fires at this stage, this standard has been fully achieved. In particular, the establishment of the theory of "fire trace evidence" provides theoretical guidance for the acquisition of objective evidence. For example, in the fire of the Yuquanying Furniture City in Beijing, the electric bell residue (the surface is discolored due to internal burning), in the Luoyang Dongdu commercial building, in addition to the party’s statement, a large amount of welding slag is still found at the fire point, although the author is only engaged in the adjustment. Five years, but also collected some objective evidence of the direct proof of the source of fire. See the attached drawings and description. - Electric blanket that directly causes fire (the heat inside the electric blanket forms a hot yellow wire inside the insulating layer of the electric heating wire, and the shrinkage breaks in a section, trace). Local overheating occurs, and the morphological features after unfolding form multiple traces of hot spots. The intersection is heated by two electric heating wires, and the temperature is the highest (a residential electric blanket fire evidence). 0 Internal fault of the motor causes fire to the opposite end of the same motor. The fire source of the foreign enterprise fires the evidence of the fire source in the food city of Xiangfan. The carbonization part in the picture is originally a pull switch, which is the same as the right.

There is no doubt that the most fundamental of the five "fire points is the starting point of the fire and the spread of fire. It is hard to find the source of fire. Textbooks believe that the thermal energy of the combustibles that initially ignite the fire point often ceases to exist. "In the fire, the practice does not generally use the source of ignition to prove the fire point, but after identifying the fire point, then find the source of the fire. The source of the fire is only the verification of the fire point, not the evidence of the fire point.

Due to the recognized “fire point” principle in the theoretical community, this laid the foundation for finding a unique and exclusive source of ignition.

The above fire source physical evidence is extracted at the fire point, and its uniqueness directly illustrates the determination of the cause of the fire. Of course, it must be acknowledged that the current proportion of fires that meet this standard of proof is not high.

At present, the theoretically accepted combustion theory is a turbulent flow theory. It exchanges energy in three ways: radiation, convection and conduction, and some empirical formulas are obtained within a certain range. However, there is no deep research on quantitative research. Human understanding of the law of combustion has yet to be further deepened. In addition, many people in the front line of fire regulation business lack practical experience, and there is a certain lack of ability to discover the existence of fire source evidence, extracting fixed capacity, and making preservation capacity. Because the fire evidence is a special physical evidence that is different from other objective evidence, such as the fire scene, it is difficult to present in the court, which increases the difficulty of the identification of fire. If the extraction and preservation of the physical evidence is flawed, it often brings irreparable as a result of.

The US Simpson suspected murder case was finally defeated by the New York police. The problematic part was in the extraction and preservation of physical evidence. The examples of fire cases that were weak due to weak evidence are numerous. Therefore, the research on fire physical evidence is a topic that fire control personnel should pay attention to in the future.

Level 2 is close to certain, and the evidence reaches the level of excluding reasonable doubt and high degree of probabilities.

Fires are devastating. Some fire accidents have a degree of damage to the point of complete ashing - 12 degrees. It is very difficult to meet the criteria for determining the cause of each fire. Because the big M fire is mainly determined to solve civil disputes and punish those responsible, although objective truth is the ultimate goal that the fire should prove the activity, the human understanding of the objective world is often subject to the specific historical stage of human beings. Restrictions, people's understanding of the facts of fire cases in the past is often impossible to absolutely reflect the true face of the facts of the case, which determines that the fire can only be based on evidence that can prove the direct cause of the fire as the basis for identification, that is, the truth of the law is proof Requirements; Article 63 of the "Several Provisions on Evidence in Civil Litigation" also clarifies that the legal truth is the certification requirement for civil litigation.

Therefore, the author believes that in order to improve the effectiveness of the fire department's fire cause determination, and improve the fire because "the recognition rate is relatively unknown", it is necessary to adhere to certain unproven proof standards, the proof of certain fire causes, only It is undoubtedly necessary to reach a certain level of certainty, that is, the degree of proof that reasonable suspicion is excluded. In fact, many fire scenes often use the exclusion method to determine the source of ignition after determining the fire point. This process of exclusion will negate reasonable doubts and then draw the most convincing conclusion (that is, the highly probable 89-year-old Huangdao oil depot fire is determined to be caused by lightning strikes after eliminating other energy causes one by one, and then re-repairing oil The pool, when comparing the residual magnets on the steel bars, also proved that this determination is correct. On December 17, 2000, four facades of a prison in my county suddenly caught fire at around 10 pm. After the fire was discovered, People came from all around, splashed water and saved the fire. After the firefighting team’s rescue, the fire was extinguished. The night’s housekeepers cleaned up the remaining items in the house. Completely destroyed, a few days later, the Prison Public Security Bureau turned to the county fire brigade for failing to determine the cause of the fire. The investigation revealed that the floor of the facade was covered with a layer of plastic floor leather. After washing the ground with water, it was found that there were only 2 stores in the middle of the ground. There is a regular rectangular burning mark (decomposition in the plastic floor), the witness confirmed that there is always a double-layer low cabinet, and the solid low cabinet has been completely carbonized to the concrete floor before the water splashing, which is considered to be The fire site, after reasonable elimination, considered that the possibility of electricity was greater. When ft conducted the circuit survey, it was found that only two fuses in the four facades were multi-strand soft copper wire, and the multiple strands of copper wire had occurred. Blasting, combined with the fire, a large area of ​​the lights suddenly darkened in the area, about 2 seconds later, and then returned to brighten, we made the electrical failure to ignite the wood low cabinet, the beginning of the 2 facade shop owner has been justified, demand We have no evidence to make a conclusion. After the mediation work is over, the parties finally admit that due to the rush, the electric soldering iron that was placed on the low cabinet is still in the pass.

On February 10, 2000, a fire broke out in a workers' club in Xiangfan City. After reasonable excavation, it was determined that the Yanzhong left the cigarette butt on the seat. After the smoldering, a fire broke out and a simulation experiment was carried out. The experimental results fully verified the fire. The situation has formed a chain of evidence that increases the likelihood of the situation.

At the scene of the fire, the simulation of the cause of the fire. The indoor panorama of the club is 30 minutes after the burning situation should be seen, some extreme factors of the fire make some possibilities can not be simulated and can not be simulated, such as lightning, static electricity. Some can not simulate the success of each simulation. For example, a cottonseed heap in a oil mill has a fire. After excluding other reasons, he asked the operator who left the scene, he admitted that he smoked. And thrown it on the cotton seed with flowers on the ground, with a foot, after the cigarette butt was extinguished, the door was locked, and after the procuratorate conducted the test, it did not cause fire, and then retired from the police. In the bureau, the staff found that the operation was not recorded because of the action of “small feet”, and the test failed and the test was repeated. The result caused combustion. The possibility of not being able to verify does not deny the existence of the possibility, and more should consider whether the conditions of the simulation are completely consistent with the facts.

Presumption is a kind of summary of human cognition experience. The presumption is only a possibility. The facts of presumption are generally not up to the level of proof of excluding reasonable doubt. Therefore, the facts based on presumption are different from exclusivity in excluding the exclusivity. Another type of suspicion.

Because the fire transfer personnel have both the police and the judge's dual identity in the process of determining the cause of fire, the trial and use of the evidence has intentionally and unintentionally used the presumption rule, that is, the principle of the free testimony of the judge in discriminating the evidence. Therefore, the presumption rule has always existed in the fire activity.

Presumed to be a legal term refers to the conclusion that the judicial public security organ infers the facts to be proved from the known facts, that is, from the establishment of the premise facts to infer the establishment of the special facts, which is intended to represent a fact or facts, and The intrinsic link between another fact or several facts. Such rules, which are formed by logical reasoning, are widely used in fire investigations. For example, by burning and spreading, people are burned according to the middle, and the surrounding is gradually lightened, and the middle position is assumed to be the ignition point; according to the fire, the diffusion is spread from a certain low point, and the fire point is generally determined. According to the progress of material burning, the fire time is determined. This presumption of using objective laws is a summary of human understanding experience. Since the objective law itself cannot be expressed, it must be presumed by the presumer's understanding of the objective facts and the mastery of the objective laws, so the presumption is a reflection of the subjective will of human beings. Although presumption is a reflection of subjective will, its rationality is unquestionable based on the presumption of definite facts. Lie detector is the practice of applying the principle of presumptive rule I. In the practice of fire tune, there are many classic presumption cases. In J984, the fire case of Harbin White Swan Hotel (the bed is a fire point, Andri was in bed at the time, and the right shoulder of the suit was burnt with a strip mark, the hair on the right back of the head was burned), and the fire source was presumed to be The cigarette butt lit by Andri, 2002: 丨: On December 4, a fire broke out in the Parrot Villa Garden in Guilin, Guangxi. A Korean couple and two children were smoked to death. Lin Song, deputy director of the Fire Department of the Guangxi Fire Corps (Public Security) The Ministry of Fire experts, according to the fire point on the sofa, and the smoker limbs from the kitchen to the tea 丨 L匕 coffee table found the lighter wreckage, inferred from the fire source. The main smoking cases are inadvertent. These classic cases show that the presumptive rules are widely used in the fire regulation: the presumptive subjectivity is more, and the degree of reasonable suspicion is not reached. Therefore, the premise of presumption is that the counter-evidator cannot presume more persuasive facts. If there is, then the presumption cannot be made, >. In order to guarantee the quality of the presumption, the premise that the il anti-ill can not be proved is The necessary substance I:. In the identification of fire cause, the more defined performance of the vertebrae directly affects the quality of the presumption. 卩1. Due to the existence of ethical problems, the objectivity of the presumption is affected by the current regulations of the “Fire Accident Investigation Regulations”. The firefighting agency has a special attribute for the cause of fire, and ultimately, the author believes that "unknown" should not be used as a cause of fire. In fact, giving an "unknown" result to the client is a typical example of shirking departmental responsibility. Behavior is also not suitable for the requirements of the WTO rules for government functions.

Presuppose the existence of standards. Undoubtedly, to a certain extent, it is necessary to alleviate the problem of difficulty in the fire. (6) It is difficult to identify the problem of obtaining evidence. It seems that the standard should be changed below the certainty and the criteria for judging the reasonable suspicion. It should not be a shortcut for the fire-fighting personnel. The frequent choices, in the specific fire identification, try to obtain objective traces of physical evidence, one should be the pursuit of fire-fighting personnel. This is especially true for major and difficult fire investigations. Otherwise, it will inevitably be innocent. The Yunnan Du Peiwu case and the Liaoning Li Huawei case are proofs. The lessons of these criminal cases should also be learned by fire-fighting personnel. The fire is wrongly judged by mistakes. There are also many cases of wrong compensation (a case of a mistake in the case of a power-saving lamp, a case in Wuhan that was wrongly sentenced to three years in prison for a fire), and the case involving the death penalty is not suitable for the presumption rule, which was approved by the United Nations in 1984. Article 4 of the "Protection Measures for the Protection of the Rights of Death Penal Offenders" states: "Only if there is no room for interpretation of the facts, the standard for the death penalty can be clearly higher than the "presumption of certain facts".

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