The Supreme People's Procuratorate issued a notice requiring precise and standardized public interest litigation in the field of safety production
2024-02-02
Recently, relevant departments have successively deployed the investigation and rectification of safety production risks and hazards before and after the Spring Festival. In order to supervise the prevention and resolution of public safety risks such as safety production hazards, the Eighth Procuratorate of the Supreme People's Procuratorate recently issued a notice on fully exerting the procuratorial function of public interest litigation to supervise the prevention and resolution of safety production risks and hazards (hereinafter referred to as the "notice"), requiring procuratorial organs at all levels to adhere to the principle of putting the people first and life first, strengthen bottom line thinking, fully play the role of public interest litigation procuratorial function, accurately regulate the public interest litigation procuratorial work in the field of safety production, and effectively safeguard the safety of people's lives and property. The Notice clarifies the key points of supervision and requires in-depth analysis and judgment of key industries such as gas, fire protection, hazardous chemicals, flammable and explosive materials, construction, transportation, mining, and special equipment, based on the actual situation in the local area. It focuses on "nine small places" such as small shops, mixed production and operation places with multiple functions such as catering, accommodation, and entertainment, as well as facilities and equipment failures, illegal and irregular behaviors, and safety management defects that may exist in densely populated places such as hotels, restaurants, public entertainment venues, and large commercial complexes. It focuses on rectifying prominent problems such as illegal and irregular construction operations and production operations, insufficient safety evacuation conditions, and illegal installation of anti-theft nets and billboards. It clarifies the key points of supervision and standards for determining major accident hazards, and establishes safety management deficiencies. List of production risk and hidden danger ledger, conduct safety production supervision and investigation against the benchmark table, effectively prevent and resolve safety production risk and hidden danger. The Notice points out that political wisdom and legal supervision wisdom should be utilized, and pre litigation consultations, pre litigation procuratorial suggestions, and other methods should be flexibly used to urge administrative organs to perform their duties and make corrections in a timely manner. Strengthen the "look back" work of public interest litigation, closely monitor the effectiveness of continuous rectification, and file lawsuits in accordance with the law for those who fail to complete the pre litigation rectification and meet the conditions for prosecution, with the confirmation of the lawsuit reflecting the guidance of judicial value. The Notice emphasizes that the focus of public interest litigation in the field of safety production is not to follow up and supervise the occurrence of safety accidents and actual infringement, but to supervise the prevention and resolution of similar major risks and hidden dangers. All levels of procuratorial organs should play a preventive role in public interest litigation, adhere to the concept of preventive justice, focus on investigating and handling cases with major safety hazards, intervene in the supervision of safety risks and hazards as early as possible, and promote the transformation of the safety production supervision and governance model to pre prevention. After a safety production accident occurs, the procuratorial organs should conduct in-depth analysis and excavation of the common problems and safety hazards in the field and industry, promote the traceability and governance of industry departments, and fill the gaps and institutional loopholes. The notice requires strengthening organizational leadership and promoting modernization of safety production risk prevention and control. Major, difficult, and sensitive cases should actively seek the leadership and support of the Party Committee, and promptly seek instructions and reports from the higher authorities. We need to strengthen communication and coordination with emergency management and other departments, promote systematic governance, and improve supervision efficiency. (Lai Xin She)
Edit：Ying Ying Responsible editor：Shen Chen
Source：jcrb.com
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