The "Interim Provisions on the Responsibility for Supervision and Supervision of Work Safety and Accountability for Administrative Law Enforcement" (Order No. 24 of the State Administration of Work Safety) will be implemented on October 1, 2009. The author believes that the implementation of Order No. 24 will How production safety inspectors prevent potential risks of malfeasance plays a decisive role.
The concept of the crime of dereliction of duty
Dereliction of duty refers to the dereliction of duty, abuse of power or malpractice for personal gain by state agency staff during their official activities, resulting in heavy losses to state property and the interests of the country and the people. behavior. The Criminal Law stipulates that the subjects of dereliction of duty crimes are state agency staff.
In the "Regulations of the Supreme People's Procuratorate on the Filing Standards for Cases of Dereliction of Duty and Infringement Crime", the dereliction of duty case most likely to involve the safety supervision department is the dereliction of duty case:
The crime of dereliction of duty refers to the state The behavior of agency staff who are seriously irresponsible and do not perform or do not perform their duties conscientiously, resulting in heavy losses to public property, the interests of the country and the people. A case should be filed if one of the following circumstances is suspected:
1. Causes death to more than 1 person, or serious injury to 3 or more people, or serious injury to 2 people, and minor injury to 4 or more people, or causes serious injury to 1 person and minor injury More than 7 people, or more than 10 people with minor injuries;
2. Causing serious poisoning to more than 20 people;
3. Causing direct economic losses of more than 150,000 yuan to personal property, or The direct economic loss is less than 150,000 yuan, but the indirect economic loss is more than 750,000 yuan;
4. The direct economic loss is more than 300,000 yuan to the property of a public company or the property of a legal person or other organization, or the direct economic loss is more than 300,000 yuan. The loss is less than 300,000 yuan, but the indirect economic loss is more than 1.5 million yuan;
5. Although the amount standards of 3 and 4 are not reached, the total direct economic loss of 3 and 4 is more than 300,000 yuan. , or the total direct economic loss is less than 300,000 yuan, but the total indirect economic loss is more than 1.5 million yuan;
6. Causes companies, enterprises and other units to suspend operations, suspend production for more than one year, or go bankrupt;
p>
Compared with the above standards, any supervisory personnel responsible for safety production accidents who commit dereliction of duty may be suspected of dereliction of duty. Of course, the existence of dereliction of duty does not necessarily constitute the crime of dereliction of duty, only when the consequences of the behavior meet the relevant standards for the constitutive elements of the crime of dereliction of duty. But if it does not constitute administrative liability, it certainly will not constitute criminal liability. The relevant contents of the "Interim Provisions on the Responsibilities of Supervision and Supervision of Work Safety and the Accountability of Administrative Law Enforcement Responsibilities" are qualitative from an administrative perspective. The strict definition of relevant responsibilities not only restrains but also protects law enforcement and supervisory personnel, and should be self-protective for law enforcement personnel. Advantageous weapons also provide basis for how to avoid potential risks.
Understanding of safety production supervision risks:
Safety production supervision risks come from many aspects, the most fundamental one is the risk of functional division of labor. The existence of safety supervision responsibilities determines the innate existence of supervision risks. Risks and positions are inseparable. That is to say, engaging in safety supervision work must bear relevant responsibilities and risks. The second is the risk of inaction, the risk of improper action, and the risk of inadequate law enforcement.
How to avoid risks? From an ideological point of view, we must establish two aspects of awareness
(1) Establish a strong awareness of responsibility for production safety. Production safety inspectors should realize that production safety work is directly related to the safety of life and property of the country, enterprises and the people, as well as the harmony and stability of society, the happiness of every family, and the most prominent and fundamental interests of the people. important interests. Since everything we have comes from the people, we should serve the people wholeheartedly, be responsible to the people, the law, our position, and our own conscience, and truly do our jobs in a down-to-earth manner.
(2) Establish the awareness of administration according to law and statutory powers. Administration in accordance with the law and statutory requirements for powers. The acquisition and exercise of administrative power must have a legal basis, be legally authorized, follow legal procedures, and accept legal supervision, so that administrative power can be effectively controlled within the legal framework system.
Law enforcement supervisors are the executors of specific administrative acts. They should carry out relevant work in accordance with the relevant requirements of administration according to law. They must firmly establish the following three awarenesses of administration according to law: 1. Awareness of worries: Always remind yourself that this is my Will such behavior cause administrative reconsideration or administrative litigation, will there be any fault, and will the person be held accountable?
2. Awareness of procedural due diligence: Comply with established law enforcement procedures at all times, and there will be no procedural violations. 3. Awareness of sufficient evidence: Evidence is important before the law. Whether the evidence we collect is sufficient, whether the collection process is legal, whether it is closely related and logical, whether it has been confirmed, and whether it can withstand review. All the evidence collected Whether the illegal facts can be established.
Work safety law enforcement and supervision personnel must clarify the following aspects in their specific work:
First, clarify the tasks of law enforcement and supervision. Article 6 of Order No. 24: Safety supervision and supervision departments shall formulate their own annual safety supervision or coal mine safety supervision and law enforcement work plans in accordance with laws, regulations, and rules... The work plan for safety supervision and law enforcement shall be submitted to the people's government at the same level for approval before implementation, and shall be reported to the safety supervision department at the next higher level for record; the work plan for safety supervision and coal mine safety supervision and law enforcement shall include the objects, time, frequency, main matters, methods and methods of supervision and inspection. Division of responsibilities, etc. The content of this article is very clear, requiring law enforcement and supervision departments to formulate work plans and carry out work in accordance with the established plans. After approval, law enforcement and supervision responsibilities will be limited to the work plan. Law enforcement and supervisory personnel should also operate accordingly, so that our responsibilities are limited rather than unlimited or uncertain.
The second is to clarify the focus of law enforcement and supervision. Article 8 of Order No. 24: The safety supervision and supervision department shall, in accordance with the annual safety supervision and coal mine safety supervision and law enforcement work plans and on-site inspection plans, evaluate whether the production and operation units have the safe production conditions stipulated in relevant laws, regulations, rules and national standards or industry standards. Carry out supervision and inspection, focusing on the following matters: (1) Obtaining relevant administrative licenses for production safety in accordance with the law; (2) Prevention and control of occupational hazards in the workplace, etc. 19 items. It can be seen that the requirements for law enforcement supervision in Order No. 24 still focus on management, and the requirements for on-site inspection plans should be flexible. The author believes that the 19 items in Article 8 of the 24th Order must be focused on inspection in law enforcement supervision. Any negligence is an act of dereliction of duty.
Third, we must conscientiously perform our duties. On the one hand, they must carry out their work in strict accordance with law enforcement procedures; on the other hand, they must perform their duties dutifully in the process of law enforcement and supervision, ensure that law enforcement must be strict and violations must be punished, earnestly implement their job responsibilities, and handle or request instructions in a timely manner according to their authority. . The relevant provisions of Chapter 2 of Order No. 24 should be carefully studied and understood by law enforcement and supervisory personnel.
Some thoughts:
1. Supervision tasks should be further clarified. The original regulations and requirements on the hierarchical and classified management of law enforcement supervision and the frequency of inspections should be revised to make them more clear.
2. Establish a working contact mechanism with the prosecutor. Strengthen exchanges and communications and establish a joint meeting system or liaison system. Establishing a situation reporting system to report relevant case situations in a timely manner, and timely filing of transfer cases and other official letters involved in the case (such as the "Letter to Suggest the Public Security Bureau to Stop the Supply of Explosives, etc.") will help avoid relevant responsibilities and ensure the effectiveness of the handling of official letters.
3. Accident handling. In accordance with the "Regulations on Reporting, Investigation and Handling of Work Safety Accidents", procuratorates at the same level are invited to participate in the investigation and handling of work safety accidents. However, during the accident handling process, prosecutors only attend without expressing opinions, which cannot provide guidance and supervision in the investigation and handling of accident cases. The accident investigation team should ask the prosecutor's office to issue relevant official opinions on the entire accident handling process.