Recently, the emergency management departments of Hangzhou City in Zhejiang Province and Qingdao City in Shandong Province respectively transferred two cases of suspected dangerous operation crimes through the connection mechanism of work safety execution.
On December 26, 2020, the Twenty-fourth Meeting of the Standing Committee of the 13th National People's Congress passed the Criminal Law Amendment (11), which will come into force on March 1, 2021.
The reporter learned from the Emergency Management Department that with the criminalization of "dangerous work crimes", emergency management departments in various regions have stepped up efforts to link executions, strengthened communication and cooperation with judicial departments, and severely punishes crimes of production safety in accordance with law.
Suspected of dangerous operation crime will be filed for investigation
At present, our country’s work safety is in a hurdle, and the newly promulgated Criminal Law Amendment (11) adds the crime of dangerous work, which further improves the legal basis for safety production supervision and law enforcement.
Recently, law enforcement officers of the Emergency Management Bureau of Xiaoshan District, Hangzhou City, Zhejiang Province conducted a law enforcement inspection on a company.
Law enforcement officers found that the glass windows of a warehouse built in a simple steel shed in the factory were artificially blocked.
The inspection found that a large number of hazardous chemicals were stacked in the warehouse, including 176 cylinders full of carbon dioxide, oxygen, and acetylene.
The warehouse was set up next to the company's employee dormitory building. There were dozens of workers in the dormitory building. Once an explosion occurred, the consequences would be disastrous.
After verification, the company has not obtained a license for hazardous chemicals, and the warehouse does not have the safety conditions for storing hazardous chemicals.
Law enforcement officers immediately issued a decision on on-site handling measures in accordance with the law, ordering the company to immediately stop storing hazardous chemicals and seize the gas cylinders on-site.
After the Criminal Law Amendment (11) was officially implemented, the enforcement of illegal activities in the field of production safety has been further strengthened.
According to the new regulations, the emergency management department of Xiaoshan District of Hangzhou City actively communicated with the public security organs, and the Xiaoshan District Public Security Bureau detained the suspect Yu XX for the crime of dangerous operation according to law.
In Qingdao City, Shandong Province, the West Coast New Area Emergency Management Bureau seized and detained 163.2 tons of hazardous chemicals suspected of illegally operating by the company involved, and actively engaged with the judicial authorities. The Development and Division Bureau of the Qingdao Public Security Bureau also charged the suspects as suspects. The crime of dangerous work is filed for investigation.
The relevant person in charge of the Emergency Management Department stated that since the implementation of the Criminal Law Amendment (11), the emergency management departments in various regions have adhered to the "zero tolerance" attitude, further strictly and strengthened the connection of executions, strengthened communication and cooperation with the judicial departments, and severely punishes crimes of safe production in accordance with the law. Further enhance the deterrence of production safety law enforcement.
Three situations are in line with the crime of dangerous work
The revised Criminal Law clearly stipulates three situations for the crime of dangerous operations: shutting down or destroying monitoring, alarming, protection, life-saving equipment, and facilities that are directly related to production safety, or tampering, concealing, or destroying related data and information; The hidden danger of the accident is ordered to stop production and business, stop construction, stop using relevant equipment, facilities, or places or immediately take corrective measures to eliminate dangers, but refuse to implement; matters involving safety production are engaged in mining without approval or permission according to law , Metal smelting, building construction, and dangerous goods production, operation, storage and other highly dangerous production operations.
The relevant person in charge of the Emergency Management Department stated that the criminalization of "dangerous work crime" is the first time that China has not caused serious casualties or serious consequences in the field of safety production, but has real dangerous violations, which fully demonstrates the criminal responsibility of the violations. The determination to commit crimes before production and prevent and resolve major safety risks has brought great legal deterrence to major violations in the field of safety production, effectively urging production and business units to consciously abide by safety laws and regulations, strengthen the rule of law, prevent and defuse major safety risks, and contain major and major violations. The accident happened.
The Office of the State Council’s Security Committee and the Emergency Management Department emphasized that the emergency management departments of all localities must thoroughly implement the Criminal Law Amendment (11), increase the link between executions, and strive to improve the quality of production safety law enforcement. Work hard on the efficiency of law enforcement, break through the bottleneck of safety supervision and law enforcement, resolutely prevent and control major safety risks in key industries such as mines, hazardous chemicals, industry and trade, fire protection, road traffic, fireworks and construction, and protect people's lives and property.
(Our reporter Yao Yaqi)