INTRODUCTION
1. Reason for choosing the topic
In the current situation, when the country is effectively implementing the Party's renovation policy and industrialization and modernization, our country's economy has grown strongly, foreign investment has continuously increased every year. Along with that is the strong development of industrial parks, export processing zones, high-tech zones, commercial centers, high-rise apartment buildings, gas stations, oil stations, etc. Besides, the increasing population, especially in big cities and industrial provinces, has led to many factors leading to the risk of fire and explosion that is warned to be very high.
It can be said that in the context of the country's continuous construction and development, fire prevention and fighting plays an increasingly important role. Fire prevention and fighting has been given attention and focus by the Party, the State and all levels of government. This is reflected in the fact that many important documents have been issued, such as: On June 25, 2015, the Central Party Secretariat issued Directive No. 47 on strengthening the Party's leadership in fire prevention and fighting, in which the Secretariat requested Party committees, authorities, the Fatherland Front and mass organizations from the central to the grassroots levels to identify fire prevention, fighting and rescue as one of the key, regular daily tasks; Law on Fire Prevention and Fighting 2001 (amended and supplemented in 2013), Decree No. 79/2014/ND-CP dated July 31, 2014 of the Government detailing the implementation of a number of articles of the Law on Fire Prevention and Fighting and the Law amending and supplementing a number of articles of the Law on Fire Prevention and Fighting; Decree No. 167/2013/ND-CP dated November 12, 2013 of the Government regulating handling of administrative violations in the field of security, order and social safety; prevention and control of social evils; fire prevention and control; prevention and control of domestic violence; Law on Handling of Administrative Violations 2012;…
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However, in reality, many agencies, units and many people are still unfamiliar and indifferent to fire prevention and fighting work. In 2014, there were 233,162 establishments inspected for fire prevention and fighting, of which 19,224 enterprises did not comply with fire and explosion safety regulations [19]. Ensuring equipment, human resources and material resources for fire prevention and fighting safety is only perfunctory, perfunctory and still happens.
According to the Fire Prevention and Rescue Police Department, in 2014, there were
2,375 fires (2,025 fires at facilities, houses, vehicles and 350 forest fires) killed 90 people, injured 143 people, caused property worth an estimated VND 1,307.078 billion and 1,352 hectares of forest; 42 explosions killed 29 people, injured 30 people, and caused property damage worth VND 3,432 million [19]. Among them, there were horrific fires and explosions that caused great damage to people and property. One example is the fire that occurred at the Nonstop Karaoke bar in the Thac Ma resettlement area (Block 9, Dong Kinh Ward, Lang Son City) on November 6, 2014, killing 4 people, including a couple and their baby daughter less than four months old; The fire at the warehouse of Woodsland Wood Company and Nippon Express Vietnam Company in Quang Minh Industrial Park (Me Linh, Hanoi) completely burned down nearly 12,000 m2 of the industrial park; the fire at a house at 342/29/5 Ly Thuong Kiet, Ward 14, District 10, Ho Chi Minh City on January 24, 2014 killed 4 people;…
Hanoi is the capital, the economic center, the hub of exchanges between the country, the region and the world. In recent years, the economic situation of Hanoi has grown with many foreign investment projects, many industrial parks established, many commercial centers, high-rise apartment buildings built. However, the strong development of the city also poses significant challenges for the Fire Prevention and Fighting Police force. Especially after the administrative boundaries of the capital were expanded, the population
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The urbanization is taking place rapidly, along with the emergence of a series of industrial parks, high-tech parks, and export processing zones, while the infrastructure still shows many shortcomings and weaknesses, and the fire prevention and fighting awareness of many agencies, businesses, and a part of the population is not high. Therefore, if fire prevention and fighting is not well implemented, it will greatly affect the economic development of the city in particular and the country in general.
According to the Hanoi City Fire Prevention and Fighting Police, in 2014, there were 166 fires and explosions in the city (164 fires, 02 explosions); causing 18 deaths, 15 injuries, and property damage estimated at over 200 billion VND. Recorded and issued decisions to handle 3,640 cases of administrative violations .
violations (increased by more than 100 cases )
VND (increased by nearly VND 2 billion) [11].
compared to 2013); fine 5,469,050,000
To effectively implement the work of ensuring fire prevention and fighting safety in Hanoi, one of the important solutions is to strengthen the inspection and handling of administrative violations. However, the handling of administrative violations in the field of fire prevention and fighting in Hanoi is still facing many difficulties, partly due to the limited and uneven qualifications of the staff in charge of fire prevention and fighting safety inspection; the situation of the staff performing the task still shows signs of disregard, deference, lack of determination and lack of thoroughness in handling; partly due to the incomplete legal documents on handling administrative violations in the field of fire prevention and fighting such as: there are unclear and specific regulations leading to inconsistent application; regulations on authority, measures to handle administrative violations, and fines for some violations are still unreasonable;...
From the above reasons, the topic " Handling administrative violations in the field of fire prevention and fighting - through the practice of Hanoi city " hopes to contribute
supplement and perfect the theory; clarify the current situation, limitations and shortcomings to propose some solutions to improve the effectiveness of handling administrative violations in the field of fire prevention and fighting in Hanoi city.
2. Research objectives
2.1. General objectives
Based on the research, clarifying issues related to theory, legal basis and the current status of handling administrative violations in the field of fire prevention and fighting in Hanoi city, thereby proposing solutions to contribute to improving the effectiveness of handling administrative violations in the field of fire prevention and fighting in Hanoi city.
2.2. Specific objectives
- Study basic theoretical issues on handling administrative violations in the field of fire prevention and fighting;
- Assessment of the current situation of handling administrative violations in the field of fire prevention and fighting in Hanoi city:
+ Current status of administrative violations in the field of fire prevention and fighting and the causes of that status;
+ Current status of handling administrative violations in the field of fire prevention and fighting and the causes of that status.
- General assessment of factors affecting the handling of administrative violations in the field of fire prevention and fighting in Hanoi city.
- Propose some solutions to improve the effectiveness of handling administrative violations in the field of fire prevention and fighting in Hanoi city.
3. Novelty and contributions of the topic
- Supplement and perfect the theory on handling administrative violations in the field of fire prevention and fighting;
- Evaluate and clarify the current situation of handling administrative violations in the field of fire prevention and fighting in Hanoi; achievements, shortcomings and causes. From there, propose solutions to contribute to improving the effectiveness of handling administrative violations in the field of fire prevention and fighting in Hanoi.
4. Research object and scope
- Research object: administrative violation handling activities in the field of fire prevention and fighting in Hanoi city by the Fire Prevention and Fighting Police force.
- Scope of research: administrative violation handling activities of Fire Prevention and Fighting Police in Hanoi city, from 2010 to 2014.
5. Document Overview
- Regarding the issue of handling administrative violations, there are a number of in-depth research topics such as:
+ Le Thi Thu Lan (2012), Administrative violations and handling of administrative violations in the field of social insurance in Vietnam today, Master's thesis in Law, Hanoi Law University, Hanoi.
+ Thieu Thi Thuy Ngan (2013), Handling administrative violations in the field of inland waterway traffic - through the practice of Hanoi city, Master's thesis in Law, Faculty of Law, Vietnam National University, Hanoi, Hanoi.
+ Quach Tien Phong (2011), "Improving the effectiveness of applying administrative violation handling methods", Journal of Legislative Studies, (11), pp. 12-17.
- In the field of fire prevention and fighting, there are a number of in-depth research topics such as:
+ Mai Phuong Lan (2013), Law enforcement in the field of fire prevention and fighting in Hanoi city, Master's thesis in Law, Faculty of Law, Vietnam National University, Hanoi, Hanoi;
+ Nguyen Duc Thang (2013), Current situation and solutions to improve the effectiveness of handling administrative violations in the field of fire prevention and fighting of the fire prevention, fighting and rescue police force, Master's thesis in Law, Fire Prevention and Fighting University, Hanoi.
- The current research topic is in its infancy, approaching the handling of administrative violations in the field of fire prevention and fighting in Hanoi city at the present stage.
In the documents that mention the content of handling administrative violations in the field of fire prevention and fighting, but in the form of raising issues or handling administrative violations of the Fire Prevention, Fighting and Rescue Police force in general, without in-depth research on the theory and reality of handling administrative violations in Hanoi, especially since the model conversion to the Fire Prevention and Fighting Police and since the Decree on handling administrative violations in the field of fire prevention and fighting.
6. Research methods
- Methodology: Marxist-Leninist methodology on state and law; viewpoints and policies of the Party, state and city on improving the effectiveness of state management of fire prevention and fighting work.
- Other methods: Document research method; analysis, synthesis; historical-logical method; statistical and comparative method; expert method.
7. Structure of the thesis
In addition to the introduction, conclusion, list of references and appendix, the content of the thesis includes 3 chapters:
Chapter 1: Theoretical issues on administrative violations and handling of administrative violations in the field of fire prevention and fighting
Chapter 2: Current status of law and current status of handling administrative violations in the field of fire prevention and fighting in Hanoi city
Chapter 3: Some solutions to improve the effectiveness of handling administrative violations in the field of fire prevention and fighting in Hanoi city
Chapter 1
THEORETICAL ISSUES ON ADMINISTRATIVE VIOLATIONS AND HANDLING OF ADMINISTRATIVE VIOLATIONS IN THE FIELD
FIRE PREVENTION AND FIGHTING
1.1. ADMINISTRATIVE VIOLATIONS IN THE FIELD OF FIRE PREVENTION AND FIGHTING
1.1.1. Concept, characteristics and composition of administrative violations in the field of fire prevention and fighting
1.1.1.1. Concept of administrative violations in the field of fire prevention and fighting
Violations of the law are social phenomena, negative reactions of some individuals or organizations that go against the will of the state as stipulated in the law. Those negative acts always cause harm to the state, society and people, so they are always condemned by the state, society and people, and are fought for and eliminated from social life. Violations of the law are illegal acts, at fault, committed by subjects with legal capacity and responsibility, violating social relations protected by law [36, p. 211].
Administrative violations are a type of law violation that occurs quite commonly in social life. Although its level of danger to society is lower than that of crimes, administrative violations are acts that cause damage or threaten to cause damage to the interests of the State, the collective, the interests of individuals as well as the common interests of the entire community, which is the cause of crime arising in all areas of social life if not prevented and handled promptly. That is why the fight against and prevention of administrative violations has always been a matter of concern to society. Up to now, the State