Abstract: Through a lawsuit caused by a fire case, this paper analyzes the difficulties encountered by the fire and rescue team in the fire investigation work, and studies the use of "not excluding expression" in the fire cause identification. This paper probes into the forms of evidence collection in the process of fire cause determination and the defects existing at present, and from the angle of judicature, the accurate expression of evidence collection and cause determination opinions are provided. This paper expounds the uniqueness and exclusiveness of evidence chain in criminal procedure, analyzes the deep-seated reasons for the difficulties in handling fire cases at present, and advances some suggestions on establishing and improving the forms and methods of evidence collection in fire investigation and on strengthening the persuasiveness of evidence. It has some reference value to the fire investigation after the transformation of fire emergency rescue team, to the identification of fire causes and to the clarification of the responsibilities of all parties in fire.

Key words: fire safety, fire investigation, evidence collection;fire cause identification