[Editor's Note]
General Secretary Xi Jinping pointed out in the report to the Twentieth National Congress of the Communist Party of China that we should improve the level of public security governance, adhere to the principle of safety first and prevention foremost, improve the public security system, improve the ability to prevent, mitigate and relieve disasters, and deal with emergencies, and strengthen the protection of personal information. Work safety concerns the safety of people's lives and property and social harmony and stability. The procuratorial daily published today publishes a special report, "Solving the" Big Problem "of Work Safety with" Small Cut "Cases, which introduces the practices and achievements of the procuratorial organs of Anhui Province in conscientiously implementing the" No. 8 procuratorial recommendation "of the Supreme People's Procuratorate on work safety, and adhering to the principle of attaching equal importance to crime and governance 。
On October 18, 2022, the fifth edition of Procuratorial Daily
Mirror Weekly · Cover Article
Original title
Solve the "big problem" of safety production with "small incision" of cases
——Anhui implements the "No. 8 Procuratorial Recommendation" and insists on attaching equal importance to crime and governance
Our reporter Wu Yihuo
On September 15, the on-site promotion meeting for the procuratorial organs to implement the "No. 8 procuratorial recommendation" of the Supreme People's Procuratorate was held in Hefei, Anhui Province. The procuratorate of Anhui Province and the provincial emergency management department introduced their work experience at the meeting.
Lu Jianwu, Member of the Party Leadership Group and Deputy Procurator General of Anhui Provincial Procuratorate The reporter was told that handling cases is the best sample of implementing the "No. 8 Procuratorial Recommendation". An important experience of Anhui is to focus on "supervision in handling cases and handling cases in supervision", and at the same time, adhere to both crime and governance, solve the "big problem" of production safety with "small incision" of cases, and constantly build a "firewall" of production safety.
Close collaboration among multiple departments
Handling major accident cases
On July 23, 2021, a major accident occurred at a construction site in Guangde City, Anhui Province, in which three construction workers fell to death due to the collapse of scaffolding.
On the day of the incident, the Guangde Municipal Government set up a pre accident disposal team led by the Guangde Emergency Management Bureau, Guangde Procuratorate The Municipal Public Security Bureau, the Municipal Bureau of Housing and Urban Rural Development and other units participated in the handling of relevant accidents. Guangde Municipal Procuratorate put forward opinions on such issues as fixed preservation of evidence collection, investigation direction, etc.
According to the accident investigation team, the direct cause of the accident was that the scaffolding company involved did not set up the scaffolding in a standard way, the quality of some components of the scaffolding did not meet the standard, and the foreman of the bricklayers carried out the brutal construction; Lv Moumou, the project leader of the plant expansion project of an Anhui mixing equipment Co., Ltd., and Wang Moumou, the team leader of the bricklayer, have violated the relevant safety management regulations in production and operation, which has been suspected of constituting a major accident crime. The clues of the case were handed over to the public security organ in time.
On August 13, 2021, after the public security organ filed the case, the procuratorial organ intervened in advance, suggesting that the public security organ should focus on two key points for evidence collection: on the one hand, fix the on-site evidence as soon as possible, and carry out technical inspection and identification to find out the cause of the accident; On the other hand, the specific behaviors and responsibilities of the persons involved are clarified.
On November 12 of the same year, the case was transferred to Guangde Procuratorate for examination and prosecution. When the procuratorial organ reviewed the case, on the basis of fully adopting the accident investigation report to identify the responsibilities of all parties, and according to the role of each specific act of the person involved in the case against safety management in causing the accident, it determined that Lv, who was fully responsible for the project construction and safety management, was the first person responsible for the main responsibility; Wang and Tu, the persons responsible for the direct cause of the accident, should also be primarily responsible, and other persons involved should be identified as secondary responsibility.
Accordingly, the Guangde Municipal Procuratorate brought a public prosecution against seven suspects, including Mr. Lv, for the crime of major accident. In addition to Mr. Lv, Mr. Wang and Mr. Tu, the procuratorial organ also required to investigate the responsibility of the responsible personnel of the accident related units, including the criminal responsibility of the person in charge of the supervision company, the construction company and the project party Anhui Mixing Equipment Co., Ltd.
On February 16, 2022, the court adopted all the facts, charges and sentencing recommendations charged by the procuratorial organ, and sentenced seven people including Lv to fixed-term imprisonment ranging from one year and ten months to nine months, with a one-year suspension of sentence, for the crime of major accident. At present, the judgment has come into force.
In view of the universal and industrial problems reflected in the case, the Guangde Procuratorate, based on the traceability and prevention of production safety, issued targeted procuratorial recommendations to Guangde Housing and Urban Rural Development Bureau and other units. According to the different responsibilities of each unit in production safety, it proposed to improve market behavior norms, joint prevention and control patrols, administrative law enforcement standardization and other aspects.
"Work safety related cases generally have the characteristics of wide coverage, strong professionalism, unclear subject of responsibility, diverse accident causes, etc. The handling of the case of a seven person major liability accident, such as Mr. Lv, is not only a vivid practice of close cooperation between the emergency management department and the public security, procuratorial and other judicial organs to strengthen the connection between the execution of sentences, but also a concrete manifestation of the procuratorial organ's active performance of its duties, strengthening communication with the emergency management department, intervening in the investigation in advance to guide and collect evidence, and adhering to the equal emphasis on crime and governance. " Chen Xian, Deputy Director of the Second Procuratorial Department of Anhui Provincial Procuratorate Say.
Introduction of compliance mechanism construction
Implement enterprise safety production responsibility
During the Spring Festival in 2021, when every family was immersed in the joy of reunion, Lu Mougen and Zha Moufa, two families in Qingyang County, were plunged into grief because of an accident.
The accident occurred in the production process of a non-metallic material limited company in Qingyang County (hereinafter referred to as "non-metallic company").
In May 2019, Zhong Mouping and others jointly funded the establishment of this company, which is mainly engaged in limestone production and fine processing. Lu Mougen was employed as the production director (kiln division) of the company, in charge of the safety production work of the enterprise. Zha Moufa was an ordinary worker of the company.
On February 16, 2021, the fifth day of the Lunar New Year, according to the arrangement of Zhong Mouping, Lu Mougen led the mechanic Chen Mougang, the general worker Zha Moufa and others to start the kiln for trial production. Due to the failure to produce limestone, Lu determined that the kiln body was blocked. At about 8:00 am the next day, Lu Mougen and Zha Moufa did not carry necessary labor protection articles into the kiln bottom for dredging, so they were poisoned and suffocated. Chen just carried out the rescue without doing his own safety protection, and then fainted. After the medical staff arrived at the scene, it was determined that Lu Mougen and Zha Moufa had died, and Chen Mougang had just been sent to the hospital for emergency treatment due to injury.
After the incident, the non-metallic company reached a compensation agreement with Lu Mougen and Zha Moufa's close relatives, Chen Mougang, and reached an understanding. The case was transferred to Qingyang County Procuratorate After the review and prosecution, the procuratorial organ believed that the direct cause of the accident was Lu Mougen and Zha Moufa's violation of relevant safety management regulations, resulting in poisoning and suffocation; The indirect reason is that Zhong Mouping, an enterprise manager, has not passed the completion acceptance of safety facilities, and has carried out production commissioning without the conditions of safe production. Zhong Mouping fails to fulfill the responsibility of the first person responsible for safety production, violates the relevant safety management system, and causes serious consequences, so he should be investigated for criminal responsibility.
The People's Procuratorate of Qingyang County also learned that non-metallic companies have outstanding performance in local taxes, solving labor employment, helping social welfare undertakings, and improving enterprise environmental protection. In order to avoid "handling a case and collapsing an enterprise", the Qingyang County Procuratorate took the initiative to introduce the compliance review mechanism to the enterprise, taking into account the development prospect, social contribution, social comprehensive evaluation and other conditions of the enterprise, as well as the problems in the safety production management of the enterprise.
When consulting Zhong Mouping, he made a compliance commitment to the procuratorial organ and submitted a preliminary compliance plan. In view of the safety production loopholes exposed by the non-metallic company, the Qingyang County Procuratorate issued inspection suggestions to the company, suggesting that the company strengthen the enterprise compliance construction in the aspects of safety management system, safety production training, labor management, safety inspection, hidden danger management, etc., and follow up the construction process in the whole process.
Since then, non-metallic companies have established and improved relevant safety systems around compliance requirements. The Qingyang County Procuratorate, together with the County Emergency Management Bureau, continued to follow up and invited personnel from professional safety service agencies to conduct comprehensive and systematic inspection and guidance for enterprises. At the end of the inspection period, the Qingyang County Procuratorate, based on the results of multi party acceptance, fully assessed that the non-metallic company had been rectified in place, the enterprise's ability to manage hidden dangers in production safety and prevent accidents had been significantly strengthened, and the enterprise's management personnel and employees' awareness and sense of responsibility for production safety had been significantly improved.
On December 28, 2021, the Qingyang County Procuratorate filed a public prosecution against Zhong Mouping for the crime of being suspected of a major accident, and proposed a sentencing proposal of three years' imprisonment and four years' probation. On December 30, the Qingyang County Court made a judgment, adopting the accusations and sentencing suggestions of the procuratorial organ.
In June 2022, the case of Zhong Mouping's major liability accident was rated as a typical case of implementing the "No. 8 procuratorial recommendation" by the highest procuratorate.
"I really didn't expect this result. On the one hand, I learned a profound lesson, on the other hand, my enterprise can survive. I felt that the procuratorial organ is not cold, but warm and warm." Zhong Mouping said.
In combination with the case of Zhong Mouping, and with the advice of the procuratorial organ, Qingyang County Emergency Management Bureau has carried out comprehensive supervision of work safety in key industries such as industry, mining, commerce and trade, and further promoted the investigation of potential safety risks. It has inspected all kinds of production and business units in the county 384 times, issued law enforcement documents 369 times, found 737 problems and hidden dangers, and imposed 23 administrative penalties, More than 2.9 million yuan was fined.
In order to further "focus on the front end and prevent disease", Qingyang County Procuratorate has also discussed with the emergency management bureau of the county for many times and put forward suggestions on safety production management. At present, Qingyang County Emergency Management Bureau has innovated the safety production supervision mechanism, established a set of "safety housekeeper" social service system of "experts check hidden dangers, enterprises pay attention to implementation, and departments pay attention to supervision", effectively promoting enterprises to implement the main responsibility of safety production.
Organize to observe the trial
Deputies to the National People's Congress think it is a warning
"Work safety accidents seem accidental, but they are inevitable. Any carelessness may bury potential safety hazards, so we must be highly vigilant!" On August 30, Lv Hui, deputy to the National People's Congress and director of the Radio Drama Department of Anhui Radio and Television Station I watched the trial of a dangerous goods accident case at the court of Jinghu District, Wuhu City.
That morning, by Jinghu District Procuratorate The case of Liu Mouyue and Zhou Mougen, who initiated the public prosecution, suspected of causing trouble with dangerous goods, was heard in the Jinghu District Court in public. The Jinghu District Procuratorate alleges that Liu Mouyue and Zhou Mougen are respectively the captain and chief mate of the "Huamou" ship belonging to a company in Zhejiang. Liu Mouyue is fully responsible for the safe operation of the ship and the implementation of safety management rules and regulations. Zhou Mougen is in charge of cargo stowage, loading and unloading and transportation management, and assists the captain in carrying out safe operation and environmental protection.
In late September 2021, during the transportation of hazardous chemical hexane on the "Huamou" ship, the two first illegally loaded hexane in the sewage tank of the ship, causing hexane leakage, and then organized and led the crew to enter the closed cabin in violation of regulations, and used operating tools in violation of regulations to make up the leakage, resulting in three crew members died of explosion in the cabin. The procuratorial organ believes that Liu Mouyue and Zhou Mougen, in violation of the regulations on the management of explosive and flammable substances, are mainly responsible for major accidents due to negligence during the transportation of dangerous chemicals, and should be investigated for criminal responsibility for the crime of causing an accident with dangerous substances.
In view of the circumstances that the two people voluntarily pleaded guilty and confessed to punishment, repented, voluntarily surrendered to the case, and the victim's family members received full compensation and issued a letter of understanding, the procuratorial organ proposed to the two people to be sentenced to one year and six months of fixed-term imprisonment, apply probation, and at the same time apply the sentencing recommendation of "prohibition order". The Jinghu District Court confirmed all the charges made by the procuratorial organ, and adopted the sentencing proposal, sentenced two defendants to one year and six months of imprisonment and two years of probation for the crime of causing an accident with dangerous goods, and prohibited them from engaging in dangerous goods transportation and related activities during the probation period. After the judgment of the first instance was pronounced, the two defendants said in court that they would not appeal.
"It is very meaningful to select this work safety accident case for observation!" Zhang Li, NPC deputy and head of Anhui Animal Husbandry Technology Promotion Station The reporter was told that the safety production accident of navigation on water is different from that on land. The case is a powerful incision to promote the shipping supervision department to implement the supervision responsibility, and fully reflects the procuratorial organ's feelings of sticking to the people first and life first.
"As the saying goes, 'ignorant people are fearless', but those who know are more fearless. It is not unknowable that the two defendants ran away from the ship for decades, but because of blind self-confidence, they eventually led to tragedy, and empiricism killed people!" Lv Hui said that everyone is responsible for safe production. This court trial is a profound safety education lesson, which is a good warning to everyone.
Lv Hui and Zhang Li He also commended the Supreme People's Procuratorate for issuing the "No. 8 Procuratorial Recommendation", and believed that the procuratorial organ, as a legal supervision organ, should focus on the front end, prevent disease, be able to perform their duties according to law, run source prevention through the whole process of handling cases, promote the source of complaint governance in the field of work safety, help the overall situation of national governance, and promote the modernization of the governance system and governance capacity in the field of work safety.
They also suggested that the procuratorial organ should take the implementation of the "No. 8 procuratorial recommendation" and the strengthening of work safety supervision as a regular work, and continue to work on it endlessly, further increase the number of clues, focus on the handling of work safety cases, and adhere to the "zero tolerance" policy to crack down on work safety related criminal activities, We will conscientiously handle a number of typical and influential cases of major accidents, dangerous operations and public interest litigation, and earnestly safeguard public safety and the lives and health of the people.
Rectify the illegal operation of refined oil products
Initiate investigation and handling of provincial cases
In May 2020, some people reported to the Lu'an Municipal Procuratorate that people often distribute advertisements to sell gasoline and provide door-to-door service in the name of "Sinopec" in the urban area of the city, which led to many fire accidents, causing casualties and burning of vehicles, seriously endangering public safety and the safety of people's lives and property. After receiving the report, Lu'an Municipal Procuratorate The investigation was started immediately, and the reported content was found to be true.
On June 23 of the same year, the hospital respectively issued procuratorial suggestions to the Lu'an Emergency Management Bureau and the Market Supervision Administration, which are responsible for supervision, urging them to perform their duties of supervision and investigation of illegal sales of gasoline and other dangerous explosives according to law, requiring them to comprehensively find out and eliminate the safety hazards of illegal sales of gasoline and other dangerous explosives, and improving the coordination and linkage mechanism with relevant functional departments for case investigation and punishment, We will strengthen systematic governance of similar cases. After receiving the procuratorial suggestions, Lu'an Emergency Management Bureau quickly deployed the special rectification action to crack down on the illegal operation of refined oil in private oil depots and mobile tankers.
During the special action, six safety cities investigated and dealt with 45 cases of illegal transportation and operation of refined oil products by mobile tankers, confiscated 98.5 tons of oil products, obtained 273200 yuan of illegal income, detained 17 people administratively, fined 180000 yuan, and transferred 8 suspected criminals to public security organs for investigation and punishment.
The Lu'an Municipal Procuratorate, together with the city's Emergency Management Bureau, submitted a special work report to the Lu'an Municipal People's Government on the action against illegal trading in refined oil products. On December 15, 2020, Lu'an Municipal Government decided to carry out a special rectification action for the refined oil market within the city for three months. In the three months of special rectification, Lu'an City carried out 987 joint law enforcement actions, clearing and canceling the number of 28 illegal refueling stations and 76 illegal mobile refueling vehicles, filing 116 cases, confiscating 173 tons of refined oil, and confiscating more than 1.42 million yuan of fines and confiscations; Compulsory measures were taken for 38 people, effectively purifying the local market environment for refined oil products.
On May 13, 2021, the People's Government of Anhui Province launched a special action to rectify the illegal operation of refined oil products throughout the province, which effectively cracked down on such illegal and criminal acts, promoted the establishment of a long-term supervision mechanism, and organized a safety supervision protection network.
The "timeline" of work promotion is the "lifeline" of work safety. From criminal prosecution to public interest litigation, the procuratorial organs of Anhui Province are active in performing their duties and constantly building a "firewall" of work safety. From January to June this year, the province received 109 cases and 175 people for criminal crimes against work safety, including 117 people who filed 65 public prosecutions and 41 people who did not file 24 prosecutions; 455 public interest litigation cases of work safety were handled, 430 pre litigation procuratorial suggestions were put forward, and 4 lawsuits were filed.
The key to implementing the "No. 8 procuratorial recommendation" is "endless". Lu Jianwu said that the procuratorial organs at all levels in Anhui Province will further work with emergency management and other departments to continue to "focus on the front end and prevent disease" with a sense of urgency of "unable to wait" and a sense of responsibility of "unable to sit down", highlight the importance of grasping, grasping, being meticulous and regular, prevent and reduce production safety crimes at a deeper level, and continue to promote the implementation of "No. 8 procuratorial recommendation" in Anhui, We will ensure the safety of people's lives and create a safe, stable and orderly production safety and social environment for high-quality economic and social development.
