Ten highlights of the Special Equipment Safety Law
Tips: "The People's Republic of China **** and the State Special Equipment Safety Law" by the 12th National People's Congress Standing Committee of the 3rd meeting passed on June 29, 2013, the People's Republic of China **** and the State Presidential Decree No. 4 announced, since January 1, 2014 shall come into force. The introduction of the Law of the People's Republic of China on the Safety of Special Equipment is a vivid manifestation of the scientific and legalization of the safety of special equipment in China. From the first trial of 65 articles, to the third trial of 101 articles, compared with the previous safety supervision regulations, this law in the review process has been refined a lot of provisions for the treatment of the reality is also more targeted, highlights frequently. The following is my search for the "Special Equipment Safety Law" ten highlights of the interpretation, for reference.
One, the establishment of a new special equipment management system
"Special Equipment Safety Law" established in the special equipment management system, can be called? The three? That is: the enterprise is the main body, the government is to supervise, the community is to supervise. The original supervision regulations focus on administrative supervision, government management, and the "Special Equipment Safety Law" is not simply to emphasize the government's supervision, but to make it a social security law. Special equipment safety is the whole society. This law establishes a good system, ? Trinity? Than the safety supervision regulations rose a level, so that it has become a society-wide special equipment safety management of a large law.
Second, the "Special Equipment Safety Law" highlights the two principles
The law provides for the implementation of special equipment classification and key supervision. Classification supervision refers to the different performance characteristics of special equipment, the degree of danger to it to implement different modes, means and methods of supervision. Special equipment according to the performance and characteristics can be divided into two categories: pressure class, including boilers, pressure vessels, pressure piping, etc., the working pressure of these devices, flammable and explosive; mechanical class, including passenger ropeways, elevators, lifting machinery, field (plant) within the motor vehicle, etc., these devices mainly rely on motors, cables, mechanical operation. According to the operating characteristics of special equipment, four high: high pressure, high temperature, high speed, high altitude, so easy to produce flammable and explosive or high-speed crash and fall danger, must be targeted at different characteristics, classification and monitoring, in the production, operation, use of all aspects of the strengthening of the management, set up the necessary administrative licensing, inspection and testing, as well as the establishment of the appropriate safety agencies, training of professionals. Classification of supervision reflects the principle of scientific supervision, but also for the surge in the number of special equipment, regulatory power is limited to set up.
"Special Equipment Safety Law" establishes the principle of key supervision, is to focus on the supervision of densely populated, the public gathered more places, such as stations, shopping malls, schools, etc., special equipment, the necessary inspection, inspection, testing, to ensure safety.
Third, adhere to the whole process of safety monitoring system
Special equipment safety supervision regulations focus on production, manufacturing, use of the link, the sale of no special provisions. Special equipment safety law to the sale of special equipment, including rental are regulated, increased business, sales, rental link supervision, reflecting the closed-loop management. The law clearly stipulates that the seller shall not sell special equipment without permission to test, otherwise it is illegal; at the same time, the provisions of the seller's operation of special equipment, must be sold to the equipment for purchase inspection, and sales records, from the sale of links to strengthen the supervision. Rental equipment, the lessor should be on the safety of the equipment and even the maintenance of the corresponding responsibility, the parties in the contract to specify the responsibility of the main body of the exception.
Four, clear the main responsibility of the parties
The Act specifies the responsibility of the parties, one is to highlight the main responsibility of the enterprise. In the production, sale, use and other aspects of special equipment? Each involves the responsibility of special equipment, the law has made clear provisions, including manufacturing enterprises, sales enterprises, the use of units are very clear. Secondly, it is clear that the responsibility of the regulatory authorities. Special equipment safety supervision department is based on the State Administration of Quality Supervision, Inspection and Quarantine, other departments have corresponding responsibilities. Third, highlights the people's governments at all levels should strengthen the special equipment safety leadership coordination and management. As a local government, to protect the lives of the people on one side, property safety is its vocation, the law makes clear the responsibility of the government. Fourth, the various links including inspection, personnel training, development of safety systems and other responsibilities have been made very detailed provisions.
Fifth, the combination of safety and energy conservation work
In China's energy consumption and use of special equipment consumes a lot of energy in our country. Can not sacrifice energy saving for safety, nor can we sacrifice safety for energy saving. Therefore, the law establishes a combination of safety supervision and energy conservation work a principle, which is a feature of safety supervision work, both to ensure the safety and focus on the ecological and environmental protection, is a very good system design.
Six, the establishment of a special equipment traceability system
Traceability system refers to the design of special equipment from the manufacturing, installation has been to the end of life, each link should be done to record the equipment, equipment to have a label, to be with the factory equipment with various types of parameter information, documentation, and at the same time, to be stored, can also be called the identity of the equipment. System. Once there is a failure or accident, it can be traced back to the source.
Seven, the establishment of a special equipment recall system
Recall system in our country as early as 2004, by the State Administration of Quality Supervision, Inspection and Quarantine in conjunction with the Development and Reform Commission, the Ministry of Commerce, the General Administration of Customs, and other *** with the issuance of China's first defective automobile recall of the management regulations. Recall system for special equipment should be in the market economy, after market management of a method. Clearly responsible for the main body, timely recall. Meet the conditions of special equipment recall, recall by the enterprise initiative; if the enterprise did not do the initiative to recall, the government departments have the power to force the recall. China has accumulated some experience in this regard, there are about 10 laws and regulations have been introduced into the recall system, "Special Equipment Safety Law" for the recall of special equipment also has a reliable legal basis.
Eight, the establishment of a special equipment scrapping system
Special equipment safety supervision regulations on special equipment scrapping did not make clear provisions, the legislation emphasized to reach the end of the conditions of the 'to be immediately scrapped, scrapped by the relevant units should be carried out by the performance of the dismantling, to prevent the re-entry into the market to be used, but also provides that the state can not be sold. The newest addition to the list is the newest addition to the list, the newest addition to the list, the newest addition to the list.
Nine, in the accident liability compensation reflects the principle of civil priority
The principle of civil priority means that after an accident, the responsible unit of property at the same time to pay the penalties and civil compensation, or other debts, when the property is not enough at the same time to pay the priority of compensation to the people, the priority of compensation to the consumer. This principle reflects the people-oriented, to build a safe China, to protect the people's personal and property safety is a major development policy.
Ten, further increase the violation of the punishment
Safety and quality problems repeatedly, an important reason is that the punishment is not enough, the cost of violation is low. This law has increased the penalties in this law. Violations of the penalty up to 2 million, while the parties involved in major accidents and the responsible person's personal penalties have also made clear provisions: the penalty for the individual's last year's income of 30%?60%. In addition to administrative fines, the serious have to revoke the license, criminal offense to be transferred to the judicial authorities.
The ten highlights of the law, from the point of view of business, government, society and individuals, are on the safety management and operation of special equipment to do a detailed regulation and description, a profound embodiment of China's people-oriented law, the essence of the country and the people. (The author is the director of the Shanxi Provincial Quality Supervision Bureau of Special Equipment Safety Supervision)
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