Fire protection regulation comparison and study between Taiwan and Mainland China
|關鍵字:||海峽兩岸;消防;法規比較;between Taiwan and Mainland China;Fire protection;regulation comparison|
The trading and culture interchange between the Taiwan Straits has been going for over ten years, but not very much in publications related to comparison, research, and study of fire protection standards and technology. Although there are many similarities in culture and thinking of technology, and economic development model between Taiwan and Mainland China, the root of the regulations, system structure, and background are quite different. Therefore, this thesis is to compare and study the differences in the development of regulations, spirit of legislation, and punishment between Taiwan and Mainland China, and to find out their advantages and disadvantages for used as a reference in future law modifications. The methods used by this research include：(1)Collection and analysis of related publications and writings. (2) Interview of people working in the field of fire protection of Taiwan and Mainland China. (3) Analysis of major disasters in recent years, including the disaster statistics from the National Fire Agency and the Insurance Association, and (4) Personal fire protection working experience sharing. The scope of this research can be divided into three parts：（1）Understand the development of Fire Acts of Taiwan and Mainland China from the history：The Fire Act of Taiwan was a subsidiary in the building regulation, and was legislated in 1985. While the Fire Act of Mainland used administrative order or regulation as the authority. The Fire Act had not been legislated until 1998. Both Taiwan and Mainland started to care about the regulation of fire protection and disaster rescue since then.（2）The comparison and study of Fire Acts between the Taiwan Strait：The spirit of legislation of Fire Acts of Taiwan and Mainland China are similar, but there are still some differences in the system and spirit. Only important systems like the administrator, fire prevention manager, building for public use, fire protection plan, and inspection and reporting will be compared and discussed.。（3）The comparison and study of punishment in Fire Acts between Taiwan and Mainland China：Including regulations about criminal responsibility, punishment of uncommitted criminal, and localized administration regulation. The research result shows that Taiwan should declare and establish the spirit and system of fire protection in the Fire Act, such as the honor of rescue, insurance regulation, special regulation required for specific industry characteristics, rating of number of people in public place, these should all be included in Fire Act or related subsidiary regulations. For Fire Act of Mainland China, the compensation of injury or death of voluntary rescuers is clearly written, but not standardized. The applicability of Order No. 61 of the Ministry of Public Security, the fire fighting, and self management of emergency preplanning, major causes of fire, etc. There are still a lot need to be improved in the Fire Acts of Taiwan and Mainland China. More effective regulations is needed in disaster prevention system, law regulation to avoid overlap and waste of law and social resources, and to look for harmonization of disaster rescue resources and long term development of knowledge and economics of Taiwan and Mainland China, and to bring both Taiwan and Mainland to the international leading status in the field of safety and disaster prevention, and create a disaster rescue system with human as the core.
|Appears in Collections:||Thesis|
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