1. The subject of this act is a natural person who has reached the age of responsibility and has the capacity for responsibility, and the unit can constitute the subject of this act. The object violated by this act is public **** security.
2, the perpetrator in the objective performance: violation of state regulations on the management of hazardous substances, manufacturing, trading, storage, transportation, mailing, carrying, use, provision, disposal of hazardous substances. Violation of relevant state regulations on the management of hazardous substances, where the management of hazardous substances include relevant laws and administrative regulations, including departmental regulations, circulars and other normative documents;
such as the "Chinese People's Republic of China *** and the Prevention and Control of Infectious Diseases Act", "Civil Explosives Regulations", "Hazardous Chemicals Safety Regulations", "Radioactive Isotopes and Radiation Protection Regulations, Regulations on the Management of Nuclear Materials, Regulations on the Safe Use of Pesticides, and Emergency Notice on Strengthening Safe Production Management of Fireworks and Firecrackers Enterprises.
Manufacture, refers to the production of explosive, poisonous, radioactive, corrosive substances and infectious disease pathogens and other hazardous substances by various methods; sale and purchase, refers to the purchase or sale of explosive, poisonous, radioactive, corrosive substances and infectious disease pathogens and other hazardous substances;
Storage, refers to the storage of explosive, poisonous, radioactive, corrosive substances and infectious disease pathogens and other hazardous substances;
Storage, refers to the storage of explosive, poisonous, radioactive, corrosive substances and other hazardous substances by the perpetrator. substances and infectious disease pathogens and other dangerous substances stored in warehouses or other places; transportation, refers to the transportation of explosive, poisonous, radioactive, corrosive substances and infectious disease pathogens and other dangerous substances through various means of transportation;
postal mail, refers to the postal office to send explosive, poisonous, radioactive, corrosive substances and infectious disease pathogens and other dangerous substances to the destination; carry, refers to the transportation of Small quantities of explosive, toxic, radioactive, corrosive substances and infectious pathogens and other hazardous substances from one place to another or into the public **** place;
Use, refers to the use of explosive, toxic, radioactive, corrosive substances and infectious pathogens and other hazardous substances in the process of production, scientific research, or daily life;
Provision, refers to the use of explosive, toxic, radioactive, corrosive substances and infectious pathogens and other hazardous substances;
Provide, refers to the use of explosive, toxic, radioactive, corrosive substances and other hazardous substances. substances and infectious disease pathogens and other hazardous substances lent or gifted to others or units;
disposal, refers to the explosive, toxic, radioactive, corrosive substances and infectious disease pathogens and other hazardous substances for destruction or other treatment.
3, violation of national regulations on the management of hazardous substances identified. In the production of manufacturing without the approval of the competent authorities and to the county, municipal public security organs for the record, without authorization to set up factories, the production of explosive, poisonous, radioactive, corrosive substances and the cultivation of infectious disease pathogens and other hazardous substances;
Or the plant building and production equipment does not meet the fire, explosion-proof, anti-poisoning, anti-radiation and other safety requirements, and does not take safety measures; or violation of safety regulations for the production, etc.
In terms of buying and selling hazardous substances, the perpetrators violated the provisions of the relevant laws and regulations on buying and selling hazardous substances. Such as "Regulations on the Safe Management of Hazardous Chemicals," Article 34, "the purchase of highly toxic chemicals, should comply with the following provisions
① production, scientific research, medical and other units often use highly toxic chemicals, should be to the municipal people's government of the municipal government to apply for a purchase of vouchers, vouchers to buy;
② units of the temporary need to buy Poisonous chemicals, should be issued by the unit of proof (indicating the name, quantity, purpose) to the municipal people's government of the district to apply for the public security department to receive a permit, with the permit to purchase;
3 individuals may not buy pesticides, rodenticides, insecticides, other than poisonous chemicals. Poisonous chemicals production enterprises, business enterprises shall not sell poisonous chemicals to individuals or units without purchase certificates, purchase permits. Purchase certificates and permits for highly toxic chemicals shall not be forged, altered, traded, lent or otherwise transferred, and shall not use invalid purchase certificates and permits for highly toxic chemicals."
In the transportation of hazardous substances, the container of the goods does not meet the requirements for safe transportation; or consignment, falsification of the name of the goods, concealment of the true nature of the goods, not in accordance with the provisions of the selection of the escort or escort AWOL; or illegal mixing of loading, mixing, distribution of vehicles, etc..
In terms of storage of hazardous substances, warehouses and cargo locations are improperly set up, and there is no safety equipment for ventilation, cooling, disinfection, etc.; or the goods are not stored in accordance with the nature of classification and segregation and other safety regulations.
In the disposal of hazardous substances, if the disposal of hazardous substances is improper, the natural environment, the public **** security of society will have a serious impact. Therefore, China's relevant regulations provide for strict methods and procedures for the disposal of hazardous substances.
For example, Article 24 of the Regulations on the Safe Management of Hazardous Chemicals stipulates that "Disposal of waste hazardous chemicals shall be carried out in accordance with the Law on the Prevention and Control of Environmental Pollution by Solid Wastes and the relevant state regulations."
Article 25 provides that "the production, storage, use of hazardous chemicals, production, suspension, closure or dissolution of the unit should take effective measures to dispose of hazardous chemicals, production or storage equipment, inventory of products and raw materials for production, shall not be left with potential accidents.
Disposal program should be reported to the municipal people's government in the area where the comprehensive supervision and management of hazardous chemical safety and environmental protection departments at the same level, public security departments for the record. The department in charge of the integrated work of supervision and management of hazardous chemical safety shall supervise and inspect the disposal."
4, according to the provisions of this article, in violation of state regulations, manufacturing, trading, storage, transportation, mailing, carrying, using, providing, disposing of explosive, poisonous, radioactive, corrosive substances or infectious disease pathogens and other hazardous substances, shall be sentenced to detention for not less than 10 days and not more than 15 days, and if the circumstances are less serious, shall be sentenced to detention for not less than 5 days and not more than 10 days.
Where a unit violates public security management, the person in charge and other persons directly responsible shall be punished in accordance with the provisions of this Article.
Legal Basis:
The Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes
Article 2 Scope of ApplicationThis Law shall be applicable to the following labor disputes between an employer and a worker within the territory of the People's Republic of China:
(1) Disputes arising from confirmation of labor relations
(2) Disputes arising from the conclusion, fulfillment, alteration, dissolution and termination of labor contracts
(3) Disputes arising from removal, dismissal and resignation, and separation from service
(4) Disputes arising from working hours, rest and vacation, social insurance, benefits, training and labor protection
(5) Disputes arising from labor remuneration, medical expenses for work-related injuries, economic compensation or compensation, etc.
(vi) other labor disputes stipulated by laws and regulations.