Procuratorial organs play "combination punches" to hold the bottom line of safety production

To punish crimes and tighten the production "safety valve"

　　□ Our reporter Du Yang

　　□ Liu Jie, a trainee reporter of this newspaper

　　In June this year, the Shanghai Songjiang District People's Procuratorate, in conjunction with relevant functional departments, carried out special inspections on places with high accident risks and typical packaging material manufacturers within the jurisdiction;

　　In July, the People's Procuratorate of Dazhou City, Sichuan Province and the People's Procuratorate of Tongchuan District joined forces at two levels, and went to the fireworks and firecrackers wholesale enterprise in Pujia Town, Tongchuan District together with other departments to jointly carry out a special action on safety production in dangerous and explosive industries;

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　　Production safety concerns the well-being of the people and the overall situation of economic and social development.

　　In February of this year, the Supreme People's Procuratorate issued the "No. 8 Procuratorial Suggestion" on work safety to the Ministry of Emergency Management, and the procuratorial organs in various regions gave full play to their functions and combined the supervision and implementation of the "No. 8 Procuratorial Suggestion" with case handling. The "Great Procurator" will make concerted efforts to jointly promote the governance of production safety and build a solid line of defense for enterprise production safety.

　　"Guaranteeing work safety requires strict rule of law measures, effective systems and mechanisms, strong basic guarantees, and sound system governance. Procuratorial organs give full play to their functions, promote the implementation of various systems and mechanisms, and further promote the implementation of system governance. We have firmly maintained the bottom line of safe production." Cui Junjie, an associate professor at the School of Political Science and Law of Capital Normal University, told the "Rules of Law Daily" reporter.

　　In-depth promotion of special actions

　　In order to ensure that the bottom line of production safety can be maintained and the string of production safety is tightened, procuratorial organs in various places have successively launched special operations in accordance with the requirements of the "No. 8 Procuratorial Recommendation" to effectively safeguard the safety of people's lives and property.

　　In May, the Sichuan Provincial People's Procuratorate co-signed the "Evidence Elements and Transfer Procedures for Safety Production Crime Cases (Trial)" with multiple departments, in order to solve the problems such as poor execution connection in handling safety production crime cases.

At the same time, a special research class was established to analyze case-by-case crime cases involving safety production that were reviewed and prosecuted from 2019 to 2021, and to sort out the causes of safety production accidents and the problems exposed.

In response to the problems found, the hospital conducted consultations and exchanges with the Provincial Emergency Management Department, and decided to jointly carry out an 8-month special inspection and supervision of production safety activities in the province from May this year.

　　The procuratorial organ in Liaocheng City, Shandong Province fully understands the significance of work safety and the "No. 8 Procuratorial Suggestion", and relies on special actions to urge the law enforcement and supervision gates to move forward to prevent and prevent work safety accidents from occurring at the source.

　　The People's Procuratorate of Banan District, Chongqing City, focusing on the supervision of production safety in the construction industry, actively carried out safety inspections, in-depth investigation of potential safety hazards, successfully discovered and handled an administrative public interest litigation case in the field of safety production, and achieved good results.

　　"Our hospital will continue to focus on the implementation of the 'No. 8 Procuratorial Recommendation', pay close attention to the weak links in production safety, strengthen legal supervision, and build a 'cordon' for production safety." Luo Wei, chief prosecutor of the Banan District Procuratorate, said.

　　Eliminate security risks in a timely manner

　　"You don't have to worry anymore." In June, when the Fifth Branch of the Chongqing Municipal People's Procuratorate and the Banan District Procuratorate conducted a return visit to the public interest litigation cases in the area of ​​safety production, passers-by told the procuratorial officers.

　　At the beginning of this year, the Banan District Procuratorate received reports from public interest litigation observers that the boom of a tower crane in a construction site in its jurisdiction was stretched over the public road outside the construction site, and neither safety warning signs nor effective protective measures were set up. There is a big security risk.

　　After receiving the clues, the Banan District Procuratorate immediately arranged for police officers to conduct a "pull-net" investigation on a district-by-area basis. It found that there were 3 similar safety hazards in the jurisdiction, and immediately filed a case for investigation, and held a public hearing with the participation of relevant functional departments.

　　With the efforts of all parties, the three construction sites involved in the case have added a 100-meter double-layer protective shed, added crane ground anchors, fixed unoperated booms, and posted warning signs in conspicuous positions. All the hidden dangers of tower cranes have been rectified.

　　Procuratorial organs in various regions have carried out public interest litigation in accordance with the law, focusing on discovering shortcomings and loopholes in the work of enterprises in safe production operations, daily supervision and management, etc., and urging relevant departments to effectively perform their main responsibilities by issuing procuratorial suggestions.

　　In August, the Sixth Procuratorate of the Liaocheng City People's Procuratorate found during a visit to the platoon that in the daily operation of the Dongda Pontoon Bridge in the East-Ah Yellow River section, there were vehicles transporting dangerous goods such as flammable, explosive, and highly toxic chemicals mixed with other freight vehicles. , illegal overtaking and other situations, the implementation of safety management system is not in place, there are major risks.

　　The Liaocheng City Procuratorate immediately launched an integrated case-handling mechanism, and the city deployed the case-handling backbone and the Dong'e County People's Procuratorate to form a case-handling team to jointly handle the case.

On September 14, the Dong'e County Procuratorate issued a pre-litigation procuratorial recommendation to the county transportation management department, urging it to perform its supervisory duties in accordance with the law.

　　After receiving the procuratorial suggestion, the transportation management department of Dong'e County attached great importance to it and immediately ordered the Dongda Pontoon Bridge to carry out on-site rectification, supervise the traffic conditions of vehicles, and eliminate the existing major safety hazards.

　　According to Ma Lanting, deputy chief procurator of the Liaocheng City Procuratorate, the procuratorate focused on the field of production safety and actively carried out special supervision actions for public interest litigation.

　　"The special action focused on traffic safety, fire safety, gas safety and other prominent issues. A total of 102 case clues were found, 89 cases were filed, 87 procuratorial recommendations were issued, and 921 potential safety hazards were urged to be eliminated by administrative organs. Help build a secure 'firewall'." Malanting said.

　　Improve the level of governance capacity

　　How to further tighten the production "safety valve" with the help of procuratorial forces?

　　At the end of January 2021, the criminal suspect Ju Moumou drove a heavy-duty semi-trailer tractor with a driver's license that did not match the permitted driving type. When passing through Tingwei Highway in Jinshan District, Shanghai, and about 100 meters south of the intersection of Zhugang Street and Zhugang Street, a U-turn was made. Due to improper operation, the tunnel shield machine assembly rolled over to the ground and hit the high-voltage power pole on the side of the road, causing damage to the surrounding area. (Residential areas and enterprises) large-scale power outages, causing significant economic losses.

　　When the Jinshan District People's Procuratorate prosecuted Ju Moumou for the crime of major liability accident, it also entrusted the Huishan District People's Procuratorate of Wuxi City, Jiangsu Province, where the company is located, to conduct compliance supervision and inspection of a transportation company in Wuxi.

　　In April this year, the two procuratorates and the Wuxi Public Security Bureau Traffic Police Detachment and the Huishan District Transportation Comprehensive Administrative Law Enforcement Brigade as third-party supervisors conducted an assessment and report on the supervision of the transportation company in the form of a public hearing.

　　After the compliance inspection period, the third-party organization submitted an acceptance report that concluded that the rectification was not in place.

The Jinshan Procuratorate prosecuted Li Moumou, the person in charge of the transportation company, for the crime of major liability accident according to the law, realizing "true rectification" and "true compliance" with the company's safety governance.

　　"Guaranteeing safe production requires a strict responsibility system. If we want to get this work in place, we must strengthen the responsibility to people, and have a responsibility traceability and retrospective mechanism." Cui Junjie said.

　　In Cui Junjie's view, for enterprises with hidden dangers in production safety, punishment is not the purpose, but the hope of better development through supervision. The implementation is not only conducive to the development of the enterprise, but also promotes the construction of the safety culture of the enterprise.

　　The Anhui Provincial Procuratorial Organs insisted on paying equal attention to both criminalization and governance, focusing on "grasping the front and treating the disease before it happened", extending the handling of cases to the front and back of the case, introducing corporate compliance review in a timely manner, and achieved good results in handling one case, managing one, and educating one side. Effect.

Since the beginning of this year, the province has introduced a corporate compliance review mechanism for 5 major liability accident cases, and the Provincial People's Procuratorate and the Provincial Emergency Management Bureau have released 5 typical cases.

　　"The establishment of a safety management system that conforms to the company's own characteristics through compliance rectification is the ultimate goal of the procuratorate's supervision and inspection work," said Xie Bing, deputy chief procurator of the Xuancheng People's Procuratorate in Anhui Province.

　　Cui Junjie also suggested that the procuratorial organs can cooperate with the enterprise compliance mechanism and the risk classification management and control and hidden danger investigation and management mentioned in the Work Safety Law, so as to better exert the procuratorial function and further promote the awareness of safe production.