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Law

High hanging law and sharp sword escort safety production

2022-06-10   

Today, the reporter of the rule of law daily learned from the regular press conference held by the emergency management department in June with the theme of "hanging the law sword to escort safe production". The office of the safety committee of the State Council and the emergency management department use the rule of law thinking and method to promote safe production, constantly improve the level of safe production law enforcement, strengthen cooperation with judicial organs, and continuously improve the efficiency of comprehensive law enforcement and supervision. According to shenzhanli, spokesman of the emergency management department and director of the press and publicity department, in May, there were 1730 production safety accidents and 1402 deaths nationwide, including 24 major accidents and 78 deaths. There were no major accidents. The number of accidents and deaths maintained a "double downward" trend year-on-year. However, in some key industries, risks are still prominent, accidents are frequent, and the work safety situation is still grim and complex. Shenzhanli said that in recent years, the emergency management department has continuously promoted the construction of the safety production laws and regulations system, cooperated with the legislature to complete the revision of the safety production law with high quality, further improved the safety production responsibility system, strengthened the safety risk prevention in emerging industries such as the platform economy, and strengthened the punishment of illegal acts in safety production. At the same time, it actively cooperated with the revision of relevant provisions of the criminal law, incorporated the "crime of hazardous operations" into the amendment to the criminal law (11), implemented the criminalization of major safety violations before accidents, and promoted production and business units to further strengthen their sense of responsibility of "risk is danger" and "hidden danger is accident". Continuously improve the level of work safety law enforcement. The opinions on strengthening work safety law enforcement was formulated and issued, and 17 measures were put forward from five aspects: precise law enforcement, strict law enforcement, standardized law enforcement, law enforcement information construction, and law enforcement force construction to further clarify law enforcement responsibilities, improve law enforcement means, strengthen law enforcement authority, and improve law enforcement efficiency. Continue to improve the effectiveness of comprehensive law enforcement and supervision. Jointly issued with the Ministry of justice the provisions on the work of technical inspectors and social supervisors for comprehensive administrative law enforcement of emergency management (Trial), introduced social, industrial and professional forces, and strengthened social supervision. We will promote the "three systems" of administrative law enforcement in an overall way, print and issue system documents such as the work safety law enforcement manual (2020 Edition) and the guidelines for standardized terms of work safety administrative law enforcement, unify law enforcement procedures, standardize law enforcement behaviors, and promote the performance of duties according to law. Strengthen cooperation with the judiciary. The emergency management department, together with the Ministry of public security, the Supreme People's court and the Supreme People's Procuratorate, issued the measures for the connection between work safety administrative law enforcement and criminal justice. In 2021, the emergency management department, in the name of the office of the safety committee of the State Council and the emergency management department, successively announced 8 typical cases of execution connection. It has established a work safety public interest litigation system with the Supreme People's court and the Supreme People's Procuratorate, and jointly issued 9 typical cases of work safety public interest litigation with the Supreme People's Procuratorate in 2021. According to yeshaosheng, vice president of the fourth criminal division of the Supreme People's court, at the press conference, in recent years, the number of criminal cases endangering production safety concluded by courts across the country has been generally stable, but the number of defendants who make effective judgments and the number of defendants sentenced to more than five years of fixed-term imprisonment have increased significantly, reflecting the significant increase in the investigation of criminal responsibility for production safety accidents, The crackdown on criminals endangering production safety has been strengthened. During the trial of the case, the people's court severely punished the main responsible person of the accident, the main responsible person of the production and business unit and the key responsible person of the key position of the work safety supervision and administration department according to law, and promoted the implementation of the work safety responsibility system through judicial judgment. Procuratorial organs perform their functions of approving arrests and prosecuting according to law, and severely crack down on criminal crimes endangering production safety. Yuan Ming, director of the second procuratorial Office of the Supreme People's Procuratorate, gave a set of data: from January 2018 to April 2022, procuratorial organs nationwide approved the arrest of 4641 people in 2600 criminal cases endangering production safety, and prosecuted 15506 people in 9495 cases. The charges focus on the crime of major liability accident, the crime of dangerous operation and the crime of major labor safety accident, accounting for 96.4% in total. In particular, it performed its legal supervision function in accordance with the law, and focused on solving the problems of not moving or filing cases of work safety accidents, and substituting punishment for punishment. From January 2018 to April 2022, the national procuratorial organs filed 986 criminal cases of endangering work safety, including 558 cases that should be filed but not filed. Production safety accidents in the field of road traffic are prone to occur frequently. Luo Ji, a second-class inspector of the Public Security Administration Bureau of the Ministry of public security, said that in recent years, the Ministry of public security has organized national public security organs to strengthen the connection between execution and punishment, strictly pursue responsibility and accountability, and promote the compaction of Party and government leadership responsibility, industry supervision responsibility and enterprise main responsibility in combination with the implementation of the newly revised production safety law. Since 2021, local public security organs have carried out in-depth investigations on 7245 road traffic accidents, and 2521 criminal cases have been filed according to law. In addition to investigating the responsibility of the driver, criminal coercive measures have been taken against 1013 legal representatives and persons in charge of safety of transport enterprises. (Xinhua News Agency)

Edit:Nuo Yu Responsible editor:Wang Xiaojing

Source:legaldaily.com

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