The "Two Highs" jointly issued the Interpretation on Several Issues Concerning the Application of Law in Handling Criminal Cases against Production Safety (II)

Strictly punish the "fraud" of safety assessment intermediaries

The 20th National Congress of the Communist Party of China put forward new and higher requirements for "promoting the modernization of the national security system and capacity, and improving the level of public security governance". On December 15, the Supreme People's Court and the Supreme People's Procuratorate jointly issued the Interpretation of Several Issues Concerning the Application of Law in Handling Criminal Cases against Production Safety (II) (hereinafter referred to as the Interpretation), which further clarified the applicable standards of relevant laws, punished crimes against production safety according to law, maintained public safety, and protected the safety of people's lives and public and private property, To provide a strong judicial guarantee for high-quality economic and social development.

There are 12 Interpretations, which will come into force on December 19, 2022. The Interpretation clearly stipulates the behavior mode of the crime of forcing and organizing others to work against rules and regulations, as well as the specific identification of the scope of the criminal subject of the crime of dangerous work and the objective constituent elements of the crime of dangerous work, which further strengthens the strict crackdown on the crime of forcing, organizing others to work against rules and regulations and the crime of dangerous work, To provide a clear basis for judicial authorities at all levels to accurately apply the above charges and effectively punish crimes against production safety.

The Interpretation clarifies the conviction and sentencing standards for the crime of providing false certificates and the crime of producing major false certificates committed by the intermediary organization of safety assessment or its personnel, and makes enumerative and suggestive provisions on how to correctly identify the act of deliberately providing false certificates as stipulated in the Criminal Law. According to the Interpretation, the certification documents provided by the intermediary organization or its personnel responsible for safety assessment conceal the major accident potential of the production and business unit, the implementation of rectification, the level of major disasters, etc., which affect the assessment conclusions, or forge or tamper with the relevant information, data, technical reports or conclusions of the production and business unit, which affect the assessment conclusions, All of them are "false certificates" as stipulated in the first paragraph of Article 229 of the Criminal Law. The intermediary organization or its personnel who undertake the responsibility of safety evaluation intentionally provide false certification documents, resulting in a safety accident in which more than one person is killed or three people are seriously injured, which belongs to the "serious circumstances" specified in the first paragraph of Article 229 of the Criminal Law.

The Interpretation clearly states that those who commit dangerous operation crimes, actively cooperate with relevant departments to take measures to eliminate potential accidents, show true repentance, and plead guilty to punishment can be given lenient punishment. The Interpretation also stipulates in principle the connection between administrative law enforcement and criminal justice, requiring the people's courts and procuratorial organs to impose administrative penalties on the perpetrators of crimes against production safety and related crimes who are not prosecuted or exempted from criminal punishment according to law government affairs If a sanction or other sanction is imposed, it shall be transferred to the relevant competent authority according to law to ensure the two-way connection between administrative law enforcement and criminal justice, and the implementation of legal responsibilities.

After the implementation of the Interpretation, the Supreme Law and the Supreme People's Procuratorate will guide local people's courts and people's procuratorates at all levels to accurately apply the relevant provisions of the Criminal Law, the Criminal Procedure Law and the Interpretation, adhere to the general principle of severe punishment according to law and the criminal policy of tempering justice with mercy, further handle cases of crimes against production safety, and earnestly safeguard production safety, We will ensure the safety of people's lives and property.

In order to give full play to the role of typical cases in guiding the handling of criminal cases against production safety, and further clarify the application of relevant laws, the "two high", on the basis of summing up the experience and practices of previous judicial cases, jointly released six typical cases of punishing crimes against production safety according to law, namely: major liability accidents such as Yang Youqiang, forgery of state organ certificates, bribery cases, Li Wang Mouhua, Jiao Moudong and others forced illegal risky operations and major liability accidents, Jiangsu Tianmou Safety Technology Company, Bai Mou and others provided false certification documents, Gao Mouhai and other dangerous operations, Li Mouyuan dangerous operations, Zhao Moukuan and Zhao Moulong dangerous operations not prosecuted.

Supreme People's Court of the PRC

Supreme People's Procuratorate of the PRC

Notice

The Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Law in Handling Criminal Cases Involving Work Safety (II), which was adopted at the 1875th meeting of the Judicial Committee of the Supreme People's Court on September 19, 2022 and the 106th meeting of the 13th Procuratorial Committee of the Supreme People's Procuratorate on October 25, 2022, is hereby promulgated, Effective from December 19, 2022.

Supreme People's Court Supreme People's Procuratorate

December 15, 2022

Fa Shi [2022] No. 19

Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Law in Handling Criminal Cases against Production Safety (II)

(Adopted at the 1875th Meeting of the Judicial Committee of the Supreme People's Court on September 19, 2022, and the 106th Meeting of the 13th Procuratorial Committee of the Supreme People's Procuratorate on October 25, 2022, and effective as of December 19, 2022)

In order to punish crimes against production safety according to law, maintain public safety, and protect the safety of people's lives and public and private property, in accordance with the Criminal Law of the People's Republic of China, the Criminal Procedure Law of the People's Republic of China, the Production Safety Law of the People's Republic of China and other provisions, the following explanations are given on several issues concerning the application of law in handling criminal cases against production safety:

Article 1 It belongs to the "forcing others to work at risk in violation of regulations" stipulated in the second paragraph of Article 134 of the Criminal Law if they still violate the provisions on safety management even though they know that there are potential accidents and continue to work at risk:

（1） Forcing others to operate against rules by means of coercion, coercion, intimidation, etc;

（2） Forcing others to operate against rules by taking advantage of the authority of organization, command and management;

（3） Other situations that force others to work against rules and regulations.

Those who, knowing that there are serious potential accidents, still violate the provisions on safety management, do not exclude or deliberately cover up serious potential accidents, and organize others to operate are classified as "organizing operations at risk" as stipulated in the second paragraph of Article 134 of the Criminal Law.

Article 2 The subject of crime as stipulated in Article 134-1 of the Criminal Law includes persons in charge, managers, actual controllers, investors and others who are responsible for organizing, directing or managing production and operations, as well as persons who are directly engaged in production and operations.

Article 3 If a person is ordered to suspend production or business, construction or use of relevant equipment, facilities or sites according to law due to the existence of major potential accidents, or immediately takes rectification measures to eliminate the danger, he or she shall be deemed as "refusing to implement" in the second paragraph of Article 134-1 of the Criminal Law in any of the following circumstances:

（1） Deliberately failing to implement the above-mentioned administrative decisions and orders made by the people's governments at all levels or the departments responsible for the supervision and administration of production safety according to law without justified reasons;

（2） Fabricating the fact that major potential accidents have been eliminated, evading or interfering with the implementation of the above-mentioned administrative decisions and orders made by the people's governments at all levels or the departments responsible for the supervision and administration of production safety according to law;

（3） Evading or interfering with the implementation of the above-mentioned administrative decisions and orders made by the people's governments at all levels or the departments responsible for the supervision and administration of production safety according to law by offering bribes or other illegitimate means.

Whoever commits the act mentioned in the third paragraph of the preceding paragraph, which simultaneously constitutes the crime of offering bribes in Article 389 and the crime of offering bribes in Article 393 of the Criminal Law, shall be punished in accordance with the provisions on combined punishment for several crimes.

To determine whether it is a "refusal to implement", we should comprehensively consider whether administrative decisions and orders have the basis of laws, administrative regulations, etc., whether the content and time limit requirements of administrative decisions and orders are clear and reasonable, and whether the actor has the ability to implement according to the requirements.

Article 4 The "major potential accident" specified in the second paragraph of Article 134 and the second paragraph of Article 134-1 of the Criminal Law shall be identified in accordance with laws, administrative regulations, departmental rules, mandatory standards and relevant administrative normative documents.

The "dangerous goods" specified in Item 3 of Article 134-1 of the Criminal Law shall be determined in accordance with Article 117 of the Production Safety Law.

If it is difficult to determine whether it is a "major accident potential" or a "dangerous article", it can be determined according to the expert opinion issued by the judicial appraisal institution, the opinion issued by the department responsible for the supervision and administration of production safety at the prefecture level or above or the institution designated by it, and combined with other evidence, through comprehensive review.

Article 5 Violation of the provisions on safety management in production and operation under one of the circumstances specified in Article 134-1 of the Criminal Law, resulting in a major casualty accident or other serious consequences, constitutes the crime of major accident, major labor safety accident, dangerous goods accident Those who commit crimes such as major engineering safety accidents shall be convicted and punished in accordance with the provisions.

Article 6 The certification documents provided by the personnel of the intermediary organization responsible for the safety evaluation shall be deemed as "false certification documents" as stipulated in the first paragraph of Article 229 of the Criminal Law in any of the following circumstances:

（1） Intentionally forged;

（2） Fraudulent practices on important contents such as the surrounding environment, main buildings (structures), processes, devices, equipment and facilities, which lead to inconsistency with the actual situation during the evaluation period and affect the evaluation conclusion;

（3） Concealing the major accident potential, rectification implementation, major disaster level, etc. of the production and business unit, which affects the evaluation conclusion;

（4） Forging or tampering with the relevant information, data, technical reports or conclusions of the production and business operation entities, affecting the evaluation conclusions;

（5） Intentionally using questionable third-party certification materials and monitoring and inspection reports to affect the evaluation conclusion;

（6） Other frauds that affect the evaluation conclusion.

If the production and business operation entity provides false materials and impact assessment conclusions, and the personnel of the intermediary organization responsible for safety assessment do not have subjective intention to the assessment conclusions that are inconsistent with the actual situation, it does not belong to the "deliberately providing false certification documents" as stipulated in the first paragraph of Article 229 of the Criminal Law.

In the case of the second paragraph of this article, if the personnel of the intermediary organization responsible for safety evaluation are seriously irresponsible, resulting in major inaccuracies in the certification documents issued and serious consequences, criminal responsibility shall be investigated in accordance with the provisions of the third paragraph of Article 229 of the Criminal Law.

Article 7 If the personnel of the intermediary organization responsible for safety evaluation intentionally provide false certification documents, in any of the following circumstances, it is "serious" as stipulated in the first paragraph of Article 229 of the Criminal Law:

（1） Causing a safety accident in which more than one person is killed or more than three persons are seriously injured;

（2） Causing a safety accident with a direct economic loss of more than 500000 yuan;

（3） The amount of illegal gains is more than 100000 yuan;

（4） Having received more than two administrative punishments for deliberately providing false certificates within two years, and deliberately providing false certificates;

（5） Other serious circumstances.

The provision of false safety evaluation documents in major projects and projects involving public security, if any of the following circumstances occurs, is "causing particularly heavy losses to public property and the interests of the state and the people" as stipulated in Item 3, Paragraph 1, Article 229 of the Criminal Law:

（1） Causing a safety accident in which more than three people are killed or more than ten people are seriously injured;

（2） Causing a safety accident with a direct economic loss of more than 5 million yuan;

（3） Other circumstances that cause particularly heavy losses to public property and the interests of the state and the people.

The personnel of the intermediary organization undertaking the responsibility of safety evaluation have committed the act specified in the first paragraph of Article 229 of the Criminal Law. When judging the penalty, we should consider the means of their acts, the degree of their subjective fault, their role in the occurrence of safety accidents, their profitability, consistent performance and other factors, comprehensively assess the social harmfulness, judge the penalty according to law, and ensure that the crime, responsibility and punishment are compatible.

Article 8 If the personnel of the intermediary organization responsible for safety assessment are seriously irresponsible, the certification documents issued by them are seriously untrue, and one of the following circumstances occurs, it is "causing serious consequences" as stipulated in the third paragraph of Article 229 of the Criminal Law:

（1） Causing a safety accident in which more than one person is killed or more than three persons are seriously injured;

（2） Causing a safety accident with a direct economic loss of more than 1 million yuan;

（3） Other circumstances causing serious consequences.

Article 9 If an intermediary organization undertaking the responsibility of safety evaluation commits the crime specified in Article 229 of the Criminal Law, the intermediary organization shall be fined, and its directly responsible person in charge and other directly responsible persons shall be punished in accordance with the provisions of Articles 7 and 8 of this interpretation.

Article 10 Anyone who commits an act under Article 134-1 of the Criminal Law, actively cooperates with the public security organ or the department responsible for the supervision and administration of production safety to take measures to eliminate hidden dangers of accidents, shows true repentance and pleads guilty to punishment, may be given a lenient punishment according to law; If the circumstances of the crime are minor and do not require criminal punishment, no prosecution or exemption from criminal punishment may be required; If the circumstances are obviously minor and the harm is not serious, it shall not be treated as a crime.

Article 11 If an act specified in this interpretation is not prosecuted or exempted from criminal punishment, administrative punishment government affairs If a sanction or other sanction is given, it shall be transferred to the relevant competent authority for handling according to law.

Article 12 This interpretation shall come into force on December 19, 2022. If the judicial interpretation previously issued by the Supreme People's Court and the Supreme People's Procuratorate is inconsistent with this interpretation, this interpretation shall prevail.

Work of People's Courts and People's Procuratorates in punishing crimes against production safety according to law

On December 15, the Supreme People's Court and the Supreme People's Procuratorate jointly issued the Interpretation (II) on Several Issues Concerning the Application of Law in Handling Criminal Cases against Production Safety (FSH [2022] No. 19, hereinafter referred to as the Interpretation). The Interpretation was adopted by the 1875th Session of the Judicial Committee of the Supreme People's Court on September 19, 2022, and the 106th Session of the 13th Procuratorial Committee of the Supreme People's Procuratorate on October 25, 2022, and will come into force on December 19, 2022.

The report of the 20th National Congress of the Communist Party of China made a strategic deployment and overall arrangement for adhering to the rule of law in an all-round way and promoting the construction of China under the rule of law. It stressed that the role of the rule of law as a safeguard to consolidate the foundation, stabilize expectations and benefit the long-term must be better played, and the socialist modernization country must be comprehensively built on the track of the rule of law. The people's courts and procuratorial organs conscientiously study and implement the spirit of the 20th National Congress of the Communist Party of China, and always adhere to the rule of law thinking and legal means to promote work safety, and have achieved remarkable results. The Supreme People's Court and the Supreme People's Procuratorate jointly studied and drafted the Interpretation in order to further clarify the applicable standards of the law and continue to strengthen the efforts to punish crimes against production safety according to law. The Interpretation adheres to the guidance of Xi Jinping's Thought on Socialism with Chinese Characteristics for a New Era, thoroughly implements Xi Jinping's Thought on the Rule of Law, and in view of the new situation and new problems in punishing crimes against production safety at the current stage, makes provisions on how to correctly apply the law and accurately grasp criminal policies, so as to ensure that the judicial organs reasonably determine the scope of criminal punishment, More accurately and effectively crack down on crimes endangering production safety and related intermediary organization personnel and other crimes, so as to provide a strong judicial guarantee for coordinated and healthy economic and social development. The Interpretation has 12 articles, mainly including the following aspects:

The first is to strengthen the strict crackdown on the crime of forcing and organizing others to work against rules and regulations and the crime of dangerous work. In practice, forcing and organizing others to work against rules and regulations is very likely to cause serious accidents and social harm, which should be severely punished according to law. The criminal law stipulates a heavier statutory punishment for the crime of forcing and organizing others to work against rules and regulations, which can be sentenced to a maximum of 15 years' imprisonment. However, due to the lack of clear application standards, this crime is less applicable in judicial practice. The Opinions on Promoting the Reform and Development in the Field of Work Safety issued by the Central Committee of the Communist Party of China and the State Council on December 9, 2016 proposed that the relevant provisions of the Criminal Law should be studied and amended, and the illegal acts that are likely to lead to major production safety accidents in the production and operation process should be included in the scope of criminal law adjustment. The Criminal Law Amendment (XI) has added the crime of dangerous operation, which has included some dangerous operation behaviors that have not caused serious accident consequences into the scope of criminal punishment. However, in judicial practice, there has always been controversy on the constitutive elements of the crime of dangerous operation, which to some extent affects the full play of the penalty effect. The Interpretation, based on solving practical problems, clearly stipulates the behavior mode of the crime of forcing and organizing others to work against rules and regulations, as well as the specific identification of the subject range of the crime of dangerous operations, and the objective constituent elements of the crime, providing a normative basis for judicial organs at all levels to correctly apply the above names of crimes to effectively punish crimes endangering production safety.

The second is to pay attention to the punishment according to law for the crimes committed by the personnel of the intermediary organization for safety evaluation. In recent years, the personnel of the intermediary organization for safety assessment often provide false certificates or issue certificates that are materially untrue, which is an important cause of production safety accidents. In the "8 · 12" series of serious fire and explosion accidents in the dangerous goods warehouse of Ruihai Company in Tianjin Port and the "3 · 21" series of serious explosion accidents of Jiangsu Xiangshui Tianjiayi Company, several personnel of the safety assessment intermediary organization were sentenced. It is of great significance to punish the crime committed by the personnel of the intermediary organization for safety assessment according to law for timely elimination of potential safety risks and effective containment of major accidents. The Interpretation clarifies the conviction and sentencing standards for the crime of providing false certificates and the crime of producing major false certificates committed by the personnel of the safety assessment intermediary organization. At the same time, it makes enumerative and suggestive provisions on how to correctly identify the act of deliberately providing false certificates as stipulated in the Criminal Law, so as to facilitate the identification of crimes according to law in judicial practice and accurately determine the scope of punishment.

The third is to further clarify the criminal policy of punishing crimes against production safety according to law and the requirements for the connection of administrative law enforcement and criminal justice. The crime of dangerous operation is a misdemeanor, and it is not required to cause major accident consequences if it constitutes a crime. When applying this crime, special attention should be paid to combining punishment with leniency to effectively prevent the punishment from hitting too widely. The Interpretation clearly states that those who commit dangerous operation crimes, actively cooperate with relevant departments to take measures to eliminate potential accidents, show true repentance and plead guilty to punishment can be given lenient punishment according to law. The Interpretation also stipulates in principle the connection between administrative law enforcement and criminal justice, requiring the people's courts and procuratorial organs to impose administrative penalties on the perpetrators of crimes against production safety and related crimes who are not prosecuted or exempted from criminal punishment according to law , Government Affairs Division In case of division or other sanctions, they shall be transferred to the relevant competent authorities for handling according to law, so as to ensure the effective connection between administrative law enforcement and criminal judicial procedures and the implementation of legal responsibilities.

After the implementation of the Interpretation, the Supreme People's Court and the Supreme People's Procuratorate will guide local people's courts and people's procuratorates at all levels to accurately apply the relevant provisions of the Criminal Law, the Criminal Procedure Law and the Interpretation, adhere to the general principle of severe punishment according to law and the criminal policy of tempering justice with mercy, further do a good job in the trial of crimes against production safety, and earnestly maintain production safety, We will ensure the safety of people's lives and property.

The People's Court implements the decisions and arrangements of the CPC Central Committee

Work of punishing crimes endangering production safety according to law

Work safety is a major event related to the safety of people's lives and property, a sign of coordinated and healthy economic and social development, and an inevitable requirement for building a higher level of safe China and meeting the growing safety needs of the people. Since the 18th National Congress of the Communist Party of China, General Secretary Xi Jinping has creatively put forward the overall national security concept. The report of the Twentieth National Congress of the Communist Party of China proposed that we must unswervingly implement the overall national security concept, strive to modernize the national security system and capabilities, adhere to the principle of people's security, build a higher level of safe China, improve public security governance, and promote the special rectification of production safety risks. General Secretary Xi Jinping has repeatedly made important instructions on work safety, repeatedly stressing that we must adhere to the red line that development must not be at the expense of safety. General Secretary Xi Jinping recently reiterated in his important instructions on the fire accident of Henan Anyang Kaixinda Trading Co., Ltd. on November 21, 2022 that all regions and relevant departments should always adhere to the people first and life first, compact the responsibility for safe production, comprehensively investigate and rectify all kinds of risks and hidden dangers, and resolutely prevent and contain major accidents.

The people's courts are duty bound to safeguard production safety. Since the 18th National Congress of the Communist Party of China, the People's Court has always adhered to the guidance of Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, thoroughly implemented Xi Jinping Thought on the Rule of Law, implemented the important guiding spirit of General Secretary Xi Jinping and the decision-making and deployment of the Party Central Committee, implemented the overall national security concept, and fully played the role of trial from the political height of resolutely achieving "two safeguards", Accurately apply the Criminal Law, Criminal Procedure Law and relevant laws and regulations, strictly punish crimes against production safety and related crimes, and promote the construction of a higher level of safe China, with remarkable results. Since the 18th National Congress of the Communist Party of China (January 2013 to October 2022), national courts have concluded first instance cases of crimes against production safety twenty-two thousand seven hundred and forty Pieces, sentenced criminals thirty-five thousand five hundred and sixty-four The punishment of crimes against production safety in accordance with the law is strong and effective. The overall work includes the following aspects.

1、 Insist on being strict according to law and highlight the key points of attack

The People's Court firmly implements the decision and deployment of the Party Central Committee to strengthen work safety and seriously investigate the responsibility for accidents, and insists on severely punishing crimes endangering production safety according to law. The judicial interpretation jointly issued by the Supreme People's Court and the Supreme People's Procuratorate has determined the conviction criteria for the crime of one death, three serious injuries or a direct economic loss of 1 million yuan in the event of a safety accident caused by an act, which forms a strong legal deterrent to crimes against production safety. The people's courts have always maintained a high pressure on crimes against production safety. In 2021, the number of cases of crimes against production safety and the number of criminals sentenced by courts in the first instance will increase by 28% and 47% respectively compared with 2013, which fully reflects the overall attitude and firm determination to constantly increase the punishment of crimes against production safety.

The people's courts have always given top priority to severely punishing serious and extraordinarily serious crimes against production safety that cause mass deaths and injuries and have been strongly reflected by the people in accordance with the law, so as to meet the people's psychological expectations for public safety and fairness and justice. Since the 18th National Congress of the Communist Party of China, people's courts in Tianjin, Jiangsu, Fujian and other places have concluded a series of major cases, such as the "August 12" catastrophic fire and explosion accident in the dangerous goods warehouse of Ruihai Company in Tianjin Port, the "March 21" catastrophic explosion accident series of Jiangsu Xiangshui Tianjiayi Company, and the "March 7" collapse accident series of Fujian Quanzhou Xinjia Hotel, A number of persons responsible for major production safety accidents, personnel of relevant intermediary organizations, and national public officials who are derelict of duty have been sentenced to heavy sentences. The People's Court implemented the requirements of the Central Committee of the Communist Party of China that "the Party and the government share the same responsibility, one post has two responsibilities, joint management, and accountability for dereliction of duty", sentenced the main responsible person of the accident, the main responsible person of the production and business unit, and the key responsible person of the key position of the work safety supervision department to heavy punishment according to law, and promoted the implementation of the work safety responsibility system through judicial adjudication. In the "August 12" series of serious fire and explosion accidents in the dangerous goods warehouse of Ruihai Company in Tianjin Port, the trial court sentenced three senior managers who were mainly responsible for the accident to death with a reprieve or life imprisonment respectively; In the series of "3 · 21" extraordinary explosion accidents of Jiangsu Xiangshui Tianjiayi Company, the trial court sentenced the primary responsible person of the accident to 20 years of imprisonment according to law, effectively responding to social concerns.

The People's Court conscientiously implemented the requirements of the Central Committee of the Communist Party of China for safety first, prevention first, and adhering to prevention at the source, made full use of criminal means, and applied the crime of dangerous operation added in the Criminal Law Amendment (XI) according to law to punish mining, metal smelting, construction, and production, operation Serious illegal production and operation in key industries such as storage. From the implementation of the Criminal Law Amendment (XI) in March 2021 to October 2022, courts across the country have concluded 1455 cases of dangerous operation crimes in the first instance, sentenced 2235 criminals of dangerous operation, and achieved good results in eliminating potential safety risks in time and effectively curbing the occurrence of major accidents.

2、 Perfect punishment norms and unify judgment standards

In order to effectively solve the problem of law application of crimes endangering production safety and related crimes, and ensure that the principle of severe punishment is implemented in accordance with the law, the Supreme People's Court continued to carry out research, constantly summarize trial experience, and successively formulated and issued a number of judicial interpretations and normative documents. In December 2015, the Supreme People's Court and the Supreme People's Procuratorate jointly released the Interpretation on Several Issues Concerning the Application of Law in Handling Criminal Cases against Production Safety, which clarified the criteria for conviction and sentencing of crimes against production safety, the grasp of criminal policies and other issues, and provided clear criteria for judicial organs at all levels.

After the issuance of relevant judicial interpretations and normative documents, the Supreme People's Court has issued special notices for many times to further clarify the applicable standards of laws and specific work requirements. In particular, the Supreme People's Court requires people's courts at all levels to accurately grasp and strictly control the application of suspension and exemption from criminal punishment in such cases by issuing normative documents, issuing notices and other means, in view of the problems existing in judicial practice, such as unclear criteria for the judgment of suspension and exemption from criminal punishment for crimes endangering production safety. In 2021, the proportion of national courts applying probation and exemption from criminal punishment to criminals endangering production safety will decrease by 17 percentage points compared with 2013. The ability of the people's courts to hear cases of crimes against production safety has been further enhanced, and the people's satisfaction with the results of case adjudication has been significantly improved.

3、 Extend judicial functions and form joint efforts

Work safety is a systematic project, which requires coordination and joint efforts of all parties. While doing a good job in the trial of crimes against production safety, the people's court has always paid attention to strengthening coordination and cooperation with relevant departments to form a joint force. The Supreme People's Court actively coordinated and communicated with the Supreme People's Procuratorate, the Ministry of Public Security, and the Emergency Management Department to promote the establishment of a system and mechanism for linking work safety law enforcement and case handling. In April 2019, the Supreme People's Court jointly issued the Measures for Linking Work of Work Safety Administrative Law Enforcement and Criminal Justice, which stipulated the transfer of work safety violations and crimes and the mechanism for cooperation between departments, Ensure smooth and efficient program connection.

The People's Court has taken punishing crimes against production safety according to law as a specific measure and an important starting point for judicial work for the people, constantly enriched the work forms, strengthened the publicity of the rule of law, and strengthened the coordination and cooperation with relevant departments. Adhere to the principle of judicial openness and sunshine, publicize the judgment results according to law, and deliver the judgment documents to the original unit and relevant departments of the criminals in time to ensure party discipline government affairs The punishment is in place. The higher people's courts in Hunan and other places, together with the departments of discipline inspection and supervision, emergency management and other departments, printed and distributed documents to standardize the service procedures of judicial documents in cases of crimes against production safety. The People's Court also gave full play to the positive role of judicial advice, urged relevant departments to eliminate potential safety risks in a timely manner and work together to ensure safe production.

Next, the people's court will further study and implement the spirit of the 20th CPC National Congress, resolutely implement the decisions and arrangements of the CPC Central Committee, implement the overall national security concept, strictly implement the laws and judicial interpretations, give full play to the role of the judiciary, punish crimes endangering production safety in accordance with the law, help promote the fundamental improvement of production safety, and maintain national security by better performance of duties Social stability and people's peace.

The People's Procuratorate has thoroughly implemented the spirit of the 20th CPC National Congress

Work of punishing crimes endangering production safety according to law and promoting traceability

Work safety concerns the well-being of the people and the overall situation of economic and social development. Since the 18th National Congress of the Communist Party of China (CPC), the CPC Central Committee with Comrade Xi Jinping at the core has attached great importance to work safety. General Secretary Xi Jinping profoundly pointed out that "human life is of vital importance, and development must not be at the expense of human life", "ensuring work safety should be a red line of development", and particularly stressed the need to coordinate development and safety, fully reflecting the people centered development thought. The report of the 20th National Congress of the Communist Party of China stressed that we should adhere to the principle of safety first and prevention first, improve the public security system, and promote the transformation of public security governance model to prevention in advance; Promote special rectification of work safety risks and strengthen safety supervision in key industries and fields.

In recent years, the procuratorial organs throughout the country have adhered to the guidance of Xi Jinping's thought of socialism with Chinese characteristics for a new era, thoroughly implemented the spirit of General Secretary Xi Jinping's important instructions and major decisions and arrangements of the Party Central Committee, actively performed procuratorial duties according to law, increased punishment for crimes endangering production safety, and actively promoted traceability in the field of production safety, It has contributed procuratorial power to building a higher level of safe China.

1、 General situation and characteristics of procuratorial organs handling criminal cases against production safety

From January 2013 to October 2022, the procuratorial organs throughout the country handled criminal cases against production safety, accepted 10782 applications for approval to arrest 18402 people, approved 5943 arrests 9903 people, and accepted 25993 cases for review and prosecution 44620 people. From the case handling, the main characteristics of criminal crimes against production safety are:

（1） The charges are relatively concentrated. Among the criminal cases of endangering production safety that the procuratorial organ has accepted for review and prosecution (12 charges from Article 131 to Article 139 of the Criminal Law, except Article 133 and Article 1-2), the three crimes of major accident, major labor safety accident and dangerous operation accounted for more than 95.7% in total. Major accident crimes account for the majority, accounting for more than 70% each year from 2013 to 2021. Since the implementation of the Criminal Law Amendment (XI) in March 2021, the number of dangerous work crimes has increased significantly. From January to October 2022, the number of cases accepted, reviewed and prosecuted for major accident crimes will account for 52.7%, the number of dangerous operation crimes will account for 40.1%, and the number of major labor safety accident crimes will account for 4.7%.

（2） Most of them are negligent crimes, and are due to multiple causes and one result. The crime of endangering production safety is an accident crime. Except for the crime of failing to report, falsely reporting safety accidents, and the crime of dangerous operations, which are intentional crimes, the rest are negligent crimes. The causes of the case mainly include the indifference of the unit or personnel involved in the case to safety awareness, lack of safety management system, lack of qualification, violation of safety operation regulations, untrue certification documents issued by intermediaries, and inadequate performance of relevant law enforcement and supervision personnel, etc. In many accidents, the actions of the relevant responsible subjects alone will not lead to the occurrence of hazardous results, but the actions of the subjects together will lead to the occurrence of accident consequences.

（3） There are many related cases. Many crimes against production safety are related to bribery and malfeasance of law enforcement and supervision personnel, or involve crimes related to undermining the socialist market economy, such as the crime of producing and selling fake and inferior products, the crime of producing and selling products that do not meet safety standards, the crime of illegal business, the crime of providing false certificates, and other crimes.

（4） The crime area is diverse. From the perspective of production safety accidents, in addition to the traditional fields of road transportation, industry, mining, commerce and construction, accidents in areas closely related to people's lives such as gas explosion, electric vehicle fire, house collapse, and rural self built house accidents have also occurred from time to time in recent years. For example, the "June 13" gas explosion accident in Shiyan, Hubei Province in 2021 and the "April 29" collapse accident of self built houses in Changsha, Hunan Province in 2022 caused heavy casualties and property losses, and had a bad social impact.

2、 The procuratorial organs are able to perform their duties according to law and promote traceability governance

（1） We will continue to improve the working mechanism for linking administrative law enforcement with criminal justice, and effectively form joint forces. In 2019, the Supreme People's Procuratorate, together with the Ministry of Emergency Management, the Ministry of Public Security and the Supreme People's Court, jointly formulated and issued the Measures for the Connection of Administrative Law Enforcement of Work Safety and Criminal Justice, which made specific provisions on daily cooperation between administrative and judicial organs, notification of clues of work safety accidents, case transfer, legal supervision, collection and use of evidence, etc, It provides a clear basis for the connection of execution in various regions. Local procuratorial organs and relevant departments have also successively issued relevant normative documents in combination with local conditions. In 2021, the Supreme People's Procuratorate formulated and issued the Provisions on Promoting the Connection between Administrative Law Enforcement and Criminal Justice, which put forward clear requirements for procuratorial organs to strengthen cooperation with supervisory organs, public security organs, judicial administrative organs and administrative law enforcement organs. In practice, the connection mechanism of execution in the field of production safety has been running smoothly on the whole. Administrative organs and public security organs pay attention to the opinions of procuratorial organs on supplementing and improving evidence, application of laws and other aspects during the investigation and investigation of major safety accidents, and procuratorial organs pay attention to the role of urging the transfer of clues, filing and supervision, and make joint efforts in many ways, To ensure that illegal and criminal cases in production safety are properly handled according to law.

（2） Actively participate in accident investigation, timely intervene and guide investigation in advance, and improve the quality and efficiency of case handling. In recent years, local procuratorial organs have been invited to participate in the accident investigation activities carried out by the accident investigation team or relevant departments for cases with significant impact, and put forward opinions and suggestions on evidence acquisition, responsibility determination, law application, etc. For example, in 2022, after the "1 · 12" water seepage accident of Guanzhou Hydropower Station in Danba County, Ganzi Tibetan Autonomous Prefecture, Sichuan Province, and the "6 · 16" explosion accident of Baojiayao Sewage Treatment Workshop in Qinchuan Town, Lanzhou New Area, Gansu Province, the procuratorial organ was invited to participate in the accident investigation, and many suggestions were adopted, laying a good foundation for subsequent case handling. At the same time, we should intervene in advance in a timely manner, guide the public security organs to comprehensively collect and fix evidence, lay a solid foundation for accusing crimes, and supervise whether the investigation is legal. In accordance with the work requirements of the Supreme People's Procuratorate, a mechanism for handling major and sensitive cases from top to bottom was established to give full play to the advantages of procuratorial integration. For example, the "March 7" collapse accident of Xinjia Hotel in Quanzhou, Fujian, and the "June 13" gas explosion accident in Shiyan, Hubei, and other major accidents, the procuratorial organs coordinated from top to bottom, intervened in advance to guide the investigation and evidence collection, and played a positive role.

（3） Implement the criminal policy of tempering justice with mercy to ensure the organic unity of "three effects" in handling cases. Work safety accidents often involve a large number of victims and have a significant social impact. The procuratorial organs adhere to the main tone of strictness. For units and individuals involved with severe circumstances and serious consequences, they put forward suggestions on heavy punishment in accordance with the law. If they are found guilty of omission, they will be prosecuted in a timely manner in accordance with the law. From January 2013 to October 2022, a total of 729 people were prosecuted for omission. At the same time, due to the majority of negligent crimes against production safety and the low legal punishment, for cases with minor circumstances, the procuratorial organs comprehensively and accurately implement the criminal justice policy of "less arrests, more lawsuits and more detentions" to minimize the impact of handling cases on the normal production and operation activities of enterprises. From January 2019 to October 2022, the procuratorial organs across the country handled 10302 cases of crimes against production safety, 15823 people, accounting for 83.4%, by applying the system of pleading guilty, admitting punishment and leniency. In case of personal injury and property loss due to the accident, the procuratorial organ shall timely understand the losses and demands of the victim, urge the relevant units to make compensation, protect the legitimate rights and interests of the victim, and maintain social endogenous stability. From January 2019 to October 2022, a total of 296.152 million yuan was recovered.

（4） We will strengthen the functions of case filing supervision and trial supervision, and safeguard the unified and correct implementation of laws. With regard to criminal cases endangering production safety, procuratorial organs at all levels, relying on the working mechanism of linking up execution, give full play to the function of case filing and supervision, and focus on solving problems such as cases that do not move, cases that are difficult to move, and punishment instead of punishment. At the same time, it performed the function of trial supervision in accordance with the law, and timely raised protest and procuratorial opinions on the problems such as the conviction and sentencing errors. From January 2013 to October 2022, the procuratorial organs nationwide registered a total of 1203 cases and 1561 people, put forward 142 opinions on trial supervision and 104 protests.

（5） We formulated and issued procuratorial suggestions on social governance, promoted the pilot reform of compliance of enterprises involved in the case, and promoted the traceability governance of work safety. The procuratorial organs are able to perform their duties according to the law, promote the front end, prevent disease, realize the organic combination of "crime" and "governance", deeply integrate into the national governance system, and help improve the production safety governance capacity. In February 2022, the Supreme People's Procuratorate issued the "No. 8 Procuratorial Recommendation" on the comprehensive management of work safety to the Emergency Management Department, and copied it to 11 relevant departments. The Emergency Management Department, the Ministry of Ecological Environment, the Ministry of Transport and other departments are actively implementing the rectification. The procuratorial organs in all regions shall coordinate the implementation, timely formulate and issue procuratorial suggestions to the relevant functional departments or units involved in the case for the weak links and regulatory loopholes in safe production found in the case handling, urge the relevant departments to perform their duties, promote the relevant enterprises and individuals to improve their awareness of safe production capacity, and strive to achieve "one case, one governance". At the same time, actively and steadily apply enterprise compliance in cases involving crimes against production safety. In view of the characteristics of crimes against production safety, pay attention to "rescue for crimes" and "clear rules for cases", urge the enterprises involved to carry out effective compliance rectification, strengthen the construction of safety production system, plug the loopholes in supervision and management, and prevent the recurrence of safety production accidents from the source.

Next, the procuratorial organs throughout the country will fully implement Xi Jinping's rule of law thinking, thoroughly implement the deployment requirements of "strengthening the legal supervision work of procuratorial organs" and "promoting the modernization of the national security system and capacity" proposed in the report of the Twentieth National Congress of the Communist Party of China, and accurately understand and apply the "two high" Interpretation of Several Issues Concerning the Application of Law in Handling Criminal Cases against Production Safety (II), Closely combine procuratorial performance to help improve the level of public security governance and provide a strong judicial guarantee for high-quality economic and social development.

People's Courts and People's Procuratorates Typical cases of punishing crimes against production safety according to law

"One case is better than a dozen documents". In order to give full play to the guiding role of typical cases in handling criminal cases endangering production safety, and further clarify the application of relevant laws, the Supreme People's Court and the Supreme People's Procuratorate, on the basis of summing up the experience and practices of previous judicial cases, released six typical cases of crimes endangering production safety, namely: major liability accidents such as Yang Mouqiang, forging state organs' certificates Bribery cases, forced risky operations against regulations and major liability accidents such as Li, Wang, Jiao, etc., Jiangsu Tianmou Safety Technology Co., Ltd., Bai, etc., providing false certification documents, dangerous operations such as Gao, etc., dangerous operations such as Li, Zhao, Kuan and Zhao, etc., did not sue for dangerous operations.

Yang Mouqiang and other major liability accidents, forgery of state organs' certificates and bribery cases have made it clear that illegal behaviors such as unlicensed construction, illegal reconstruction and expansion, random storey addition, and unauthorized change of the functional structure layout of buildings should be severely punished, especially those who are primarily responsible for building collapse and collapse accidents, The top sentence should be imposed within the statutory range of sentencing, fully reflecting the policy orientation of severely punishing crimes endangering production safety. The cases of Mr. Li, Mr. Wang, Mr. Jiao and other people forcing illegal and risky operations and major liability accidents further clarify the conviction and sentencing standards for the crime of forcing illegal and risky operations. Although the personnel responsible for organizing, commanding and managing production and operations did not use coercion, coercion, intimidation and other means, they used their own organization, command, and management powers to force others to operate against rules, It can constitute the crime of forcing illegal risky operation; For front-line production and operation personnel who are forced by others to operate against rules and regulations, their criminal liability shall be determined according to law, taking into account the extent of the forced order and the effect of their respective actions on the accident. The case of Jiangsu Tianmou Safety Technology Co., Ltd., Mr. Bai, etc. providing false certification documents is clear, and the intermediary organization practices fraud and provides false certification documents, which leads to the major risks and hidden dangers of the accident enterprise not being found in time, and interferes with and misleads the supervision work of relevant departments, and constitutes the crime of providing false certification documents according to law; When judging the punishment of intermediary organizations and their staff, we should comprehensively consider their means of behavior, subjective fault degree, role in the occurrence of safety accidents, profit situation, consistent performance and other factors, comprehensively assess the social harmfulness, properly judge the punishment according to the provisions of the criminal law, and ensure that the crime, responsibility and punishment are compatible.

In addition, in order to clarify the identification standard of "real danger with serious casualties or other serious consequences" in the crime of dangerous operations, and provide guidance for judicial handling of cases, three typical cases of dangerous operations such as Gao Mouhai, Li Mouyuan, Zhao Moukuan and Zhao Moulong were specially selected for publication, Further clarify the specific judgment criteria of "real danger of major casualty accidents or other serious consequences" in the more common production and operation activities such as hazardous chemicals management and mining in judicial practice. On the one hand, it is necessary to punish the crimes of dangerous operations according to law, be strict while being strict, and earnestly safeguard production safety and the safety of people's lives and property; On the other hand, it is also necessary to implement the criminal policy of tempering justice with mercy, comprehensively and accurately implement the criminal justice policy of arresting less, prosecuting more carefully, and detaining more carefully, so as to be lenient while lenient. If the perpetrator pleads guilty and pleads guilty to punishment, and the circumstances of the crime are minor and do not require punishment, he may not be prosecuted or exempted from criminal punishment. At the same time, attention should be paid to strengthening the connection and cooperation with administrative supervision departments such as emergency management, and continuing to promote traceability governance to ensure good case handling results.

catalog

1. Yang Mouqiang and other major liability accidents, forgery of state organs' certificates, bribery cases

2. Li, Wang, Jiao and other cases of forced risky operations against rules and major liability accidents

3. The case that Jiangsu Tianmou Security Technology Company and Bai Mou provided false certificates

4. Gaomouhai and other dangerous operations

5. Li Mouyuan's dangerous operation case

6. Zhao Moukuan and Zhao Moulong did not sue for dangerous operations

Case 1

Yang Mouqiang and other major liability accidents, forgery of state organs' certificates, bribery cases

——Strictly punish the primary responsible person for production safety accidents according to law

1、 Basic case

The defendant, Yang Mouqiang, male, Han nationality, was born on February 23, 1955, a hotel operator and actual controller in Licheng District, Quanzhou City, Fujian Province.

The identity of other defendants is omitted.

In 2012, without obtaining relevant planning and construction procedures, Yang Mouqiang started construction of a four storey steel structure building in Licheng District, Quanzhou City, Fujian Province, during which he contracted the project to personnel without steel structure construction qualification in the form of labor and materials contracting, and entrusted others to use unqualified building construction drawings and forged Construction Permit Defrauded the public security organ of the registration procedures for fire protection design. In the second half of 2016, Yang Mouqiang contracted the building to others to carry out the construction of steel structure interlayer in the way of contracting labor and materials without performing the basic construction procedures and obtaining the relevant permission, and changed the building's illegal interlayer to seven floors. In November 2017, Yang Mouqiang rented the fourth to sixth floors of the building to others to operate the hotel, and cooperated with others to apply for the hotel's Special Industry License by forging the Fire Safety Inspection Certificate and the Real Estate Property Right Certificate. In the middle of January 2020, Yang employed workers to decorate the storefront of the first floor of the building. When the workers found that the load-bearing steel column was deformed, they told Yang that Yang asked the workers not to stop the construction, and agreed on a reinforcement scheme with the construction contractor, but they did not strengthen it because they could not find workers during the Spring Festival, Later, on March 5 of the same year, unqualified personnel were employed to weld and strengthen the load-bearing steel columns of the building in violation of regulations. At 17:45 on March 7, the hotel lessee informed Yang Mouqiang by telephone that the glass in the lobby of the hotel was broken, and Yang Mouqiang arrived to check and left. At 19:4 and 19:6 on the same day, two tenants of the hotel arrived at the scene one after another and found that the buckle plate on the wall of the lobby of the hotel had cracks and was getting worse. They called Yang again and told him that Yang arrived at the scene at 19:11 to check. The tenant of the hotel asked someone to go upstairs to evacuate, but he had missed the opportunity to escape. At 19:14, the building collapsed instantaneously, resulting in 29 deaths and 50 injuries to varying degrees, with a direct economic loss of 57.94 million yuan. After investigation by the accident investigation team, it was found that the main reason for the accident was that the hotel and other accident units and their actual controller Yang Mouqiang ignored laws and regulations, carried out construction in violation of laws and regulations, cheated administrative permission by fraud, and failed to implement safety responsibilities for a long time.

It was also found that during the period from 2012 to 2019, Yang Mouqiang, alone or with others, gave property to the state staff in order to seek illegitimate interests in the process of building the hotel, handling the building related fire record, and applying for the hotel's Special Industry License.

2、 Processing results

The People's Procuratorate of Fengze District, Quanzhou City, Fujian Province filed a public prosecution against Yang Mouqiang for the crime of a major accident, the crime of forging a certificate of a state organ, and the crime of offering bribes, and against other defendants for the crime of a major accident, the crime of providing false documents, the crime of forging a certificate of a state organ, and the crime of forging company and enterprise seals. The People's Court of Fengze District, Quanzhou City, held that Yang Mouqiang violated the safety management regulations, employed unqualified personnel without legal construction procedures, built and rebuilt steel structure buildings in violation of laws and regulations, and organized decoration construction and welding reinforcement operations in violation of laws and regulations, resulting in serious casualties and economic losses, which has constituted a major accident crime, The circumstances are particularly bad; Forging the certificate of the state organ alone or jointly with others to defraud the fire protection record and the approval of the special industry license, which leads to the long-term existence of potential safety hazards of buildings built in violation of the regulations, seriously infringes the credibility and credibility of the state organ, and finally causes serious consequences of the case. The act has constituted the crime of forging the certificate of the state organ, and the circumstances are serious; In order to seek illegitimate benefits, the government personnel were given money or property alone or in concert with others, which caused the illegal construction and operation of the buildings and hotels involved in the case to exist for a long time, and finally collapsed, causing severe social impact. The behavior has constituted the crime of bribery, and the circumstances are serious, and the punishment shall be combined with several crimes according to law. Accordingly, according to law, Yang Mouqiang was sentenced to nine years' imprisonment and a fine of 2 million yuan for the crime of forging the documents of state organs; Sentenced to eight years' imprisonment and a fine of 200000 yuan for the crime of offering bribes; He was sentenced to seven years of fixed-term imprisonment for the crime of a major accident, and decided to serve 20 years of fixed-term imprisonment, with a fine of 2.2 million yuan. The other defendants shall be sentenced to corresponding punishments according to law. After the verdict of the first instance, Yang Mouqiang and other defendants lodged an appeal. Quanzhou Intermediate People's Court ruled to reject the appeal and uphold the original judgment.

3、 Typical significance

For a period of time, building collapses and collapses for business activities caused by illegal construction have occurred from time to time. Some accidents have caused heavy casualties and high property losses, which have been strongly reflected by the people. The judicial authorities should increase the efforts to crack down on such illegal and criminal acts, strictly punish illegal and illegal acts such as unlicensed construction, random reconstruction and expansion, random floor adding, and unauthorized change of the functional structure layout of buildings in the process of building construction according to law, and strictly investigate the criminal responsibility for those endangering public safety and constituting crimes according to law. Especially for those who are primarily responsible for causing building collapse and collapse accidents, and whose acts constitute crimes against production safety, such as the crime of major responsible accidents, the punishment should be imposed within the statutory range of sentencing, fully reflecting the overall policy of severely punishing crimes against production safety, and effectively ensuring the safety of people's lives and property.

Case 2

Li, Wang, Jiao and others forced illegal risky operations and major liability accidents

——Accurately identify the crime of forced illegal risky operation

1、 Basic case

The defendant, Mr. Li, Han nationality, was born on February 24, 1981, the actual operator and person in charge of a transportation company in Wuxi, Jiangsu.

Defendant Wang Mouhua, male, Han nationality, born on June 13, 1983, is a driver of a transportation company in Wuxi, Jiangsu Province.

The defendant, Jiao Moudong, male, Han nationality, was born on October 13, 1972, and was a driver of a transportation company in Wuxi, Jiangsu Province.

The identity of other defendants is omitted.

In September 2014, Mr. Li established a transportation company in Wuxi, Jiangsu Province to engage in cargo transportation business. He acted as the actual operator and person in charge of the company, and was fully responsible for the company's operation and management. Wang Mouhua was hired as a driver of the transportation company in April 2019. At the end of June of the same year, he and Li jointly purchased the SuBQ7191 heavy semi-trailer tractor (to tow the SuBG976 registered heavy flat semi-trailer), and agreed to share the profits equally. Wang Mouhua drives the vehicle daily; Jiao Moudong was employed as a driver of a transportation company at the end of May 2019, driving the SuBX8061 heavy semi-trailer tractor (towing the SuBZ030 registered heavy flat semi-trailer). In violation of laws and regulations on the prohibition of overloading, Mr. Li explicitly informed the other party when recruiting drivers that the company needs to recruit drivers who can "overload" (that is, severely overload), and the driver agreed to work only when he said he can drive overloaded vehicles; After the company purchased the truck without tires, it illegally modified the company's freight vehicles to improve the bearing capacity by finding special personnel to install steel wire tires that are inconsistent with the vehicle's tire registration information and have better bearing capacity, and installing water tanks for cooling the brakes and tires. During the operation period, the transportation company's vehicles were found to be overloaded for many times by the transportation management department, and were interviewed and warned by the transportation management department because of overload transportation, and were sentenced to bear civil liability for compensation for traffic accidents caused by overload transportation. Mr. Li still commanded and managed drivers to continue to be severely overloaded, And the management decision of dismissing the driver was made when some drivers proposed to reduce the overload of some goods. On October 10, 2019, Wang and Jiao went to the dock to load goods according to the company's arrangement. Jiao drove the SuBX8061 heavy semi-trailer tractor to tow the SuBZ030 registered heavy flat semi-trailer (with a verified load of 32 tons) in the afternoon of the same day to load seven rolled steel coils with a total weight of 157.985 tons and leave the dock head first, Wang Mouhua then drove the SuBQ7191 heavy semi trailer tractor to pull the SuBG976 registered heavy flat semi-trailer (with a verified load of 29 tons) to load the steel coil with a total weight of 160.855 tons rolled by 6 mills and leave the wharf. At about 18:00 on the same day, Jiaomoudong and Wangmouhua successively drove through a section of National Highway 312 to cross the left lane of the bridge when the bridge deck overturned, blocking the road under the bridge. When the accident happened, Jiao Donggang had just left the rollover section of the deck of the overpass bridge, and Wang was driving through the rollover section of the deck of the overpass bridge, and the vehicle skidded to the guardrail of the deck with the rollover bridge, causing Wang to be injured. The accident caused the vehicles running on the road section of the overturned bridge deck to slide down with the bridge deck, and the vehicles running on the road below the bridge deck section were crushed, resulting in 3 deaths and 9 motor vehicles damaged to varying degrees. The value of the destroyed bridge is about two million four hundred and twenty-two thousand five hundred and sixty-seven RMB, total loss of 9 damaged vehicles two hundred and twenty-nine thousand and fifteen Yuan. According to the investigation of the accident investigation team, the direct cause of the accident is that the two heavy plate semi trailers are seriously overloaded and closely spaced (the load distribution is relatively concentrated). The instability effect caused by eccentric load far exceeds the stability effect of the bridge superstructure, resulting in the failure of the bridge bearing system, and the relative sliding and rotation between the beam and the pier column, resulting in the lateral sliding and overturning of the beam body to the ground. After the accident, Jiao Moudong voluntarily surrendered to the public security organ and truthfully confessed his crime.

2、 Processing results

The People's Procuratorate of Xishan District, Wuxi City, Jiangsu Province prosecuted Mr. Li for the crime of forcing him to work against rules and regulations, and Wang Mouhua, Jiao Moudong and other defendants for the crime of major accidents. The People's Court of Xishan District, Wuxi City, after hearing the case, held that Mr. Li, knowing that there were hidden dangers in the accident and there were dangers in continuing to work, still violated the provisions of safety management, and forced others to work against rules by taking advantage of the authority of organization, command and management. As a result, a major casualty accident occurred, and his behavior has constituted the crime of forcing illegal and risky operations, the circumstances are particularly bad; Wang Mouhua and Jiao Moudong violated the regulations on safety management in production and operation, resulting in major casualties. Their behaviors all constitute the crime of major accidents, and the circumstances are particularly bad. Li, who has found potential accident hazards and still fails to take measures after being proposed by relevant departments, will be given heavier punishment as appropriate; Jiao Moudong will be given a lighter punishment according to law if he surrenders himself. Accordingly, in accordance with the provisions of Paragraph 2 of Article 134 of the Criminal Law of the People's Republic of China, as amended by the Criminal Law Amendment (VI) of the People's Republic of China in 2006, Li was sentenced to seven years' imprisonment for the crime of forced illegal risky operation; Wang Mouhua and Jiao Moudong were sentenced to three years and six months' imprisonment and three years and three months' imprisonment respectively for the crime of major accident. The other defendants shall be sentenced to corresponding punishments according to law. After the judgment of the first instance was pronounced, Mr. Li, Mr. Wang and Mr. Jiao appealed. Later, Mr. Li and Mr. Wang applied to withdraw the appeal during the second instance. The Wuxi Intermediate People's Court ruled that Li and Wang were allowed to withdraw their appeal, and Jiao rejected the appeal and upheld the original judgment.

3、 Typical significance

Those who are responsible for organizing, directing or managing production and operations, knowing the existence of potential accidents and against the subjective will of production and operation personnel, force production and operation personnel to work against rules and risks, which is likely to lead to major accidents and great social harm, shall be severely punished. The second paragraph of Article 134 of the Criminal Law added in the Criminal Law Amendment (VI) stipulates the crime of forcing illegal risky operation, and the fifth article of the "two high" Interpretation on Several Issues Concerning the Application of Law in Handling Criminal Cases of Endangering Production Safety lists the behavior of the crime of forcing illegal risky operation. The Criminal Law Amendment (XI) has expanded the acts specified in the second paragraph of Article 134 of the Criminal Law, and the charges have been changed to the crime of forcing others to work at risk in violation of regulations. In practice, if a person who is responsible for organizing, directing or managing production and operations does not use coercion, coercion, intimidation and other means, but uses his own authority of organization, command and management to force others to operate against rules, it may also constitute the crime of forcing others to operate against rules (the crime of forcing others to operate against rules). For front-line production and operation personnel who are forced by others to operate against rules and regulations, their criminal liability shall be determined according to law, taking into account the extent of the forced order and the effect of their respective actions on the accident.

Case 3

The case of Jiangsu Tianmou Safety Technology Company, Baimou, etc. providing false certification documents

——Punish the crime of intermediary organization of safety evaluation according to law

1、 Basic case

The defendant is Jiangsu Tianmou Safety Technology Co., Ltd. (hereinafter referred to as Jiangsu Tianmou Safety Technology Co., Ltd.).

The defendant, Mr. Bai, Han nationality, was born on April 25, 1982, and is a safety assessor of Jiangsu Tianmou Safety Technology Company.

The identity of other defendants is omitted.

A chemical company in Xiangshui, Jiangsu Province, is a legally registered chemical enterprise. During the production process, it arbitrarily changed the process to separate nitrifying waste from wastewater, deliberately concealed the separated nitrifying waste, and stacked a large number of them in coal sheds, old solid waste warehouses and other places without safe storage conditions for a long time. Jiangsu Tianmou Safety Technology Co., Ltd. has Class A qualification of national safety assessment institution. In the process of accepting the entrustment of the chemical company to carry out safety assessment services, the inspection was not comprehensive and in-depth. Only one safety assessor, Mr. Bo, was assigned to the company's site for investigation, or even no one was assigned to carry out on-site investigation, and the safety assessment report was prepared. Mr. Bo did not track and verify the nitrification process provided by the chemical company, deliberately prepared false reports, and other members of the project team signed the safety evaluation report without actually performing their duties such as on-site investigation, and successively issued the 2013 and 2016 safety evaluation reports for the chemical company Four false safety assessment reports that were seriously inconsistent with the actual situation, including the safety assessment report of major hazard installations in 2016 and the safety assessment report of production resumption in 2018, were charged a total of 170000 yuan, resulting in the failure of the chemical company to discover and rectify the potential safety risks in a timely manner. At about 14:48 on March 21, 2019, a large amount of nitrified waste stored in the old solid waste warehouse of the chemical company exploded due to accumulated heat and spontaneous combustion, resulting in 78 deaths, 76 serious injuries, 640 hospitalizations and direct economic losses one hundred and ninety-eight thousand six hundred and thirty-five 0700 yuan. After investigation by the accident investigation team, it was found that the intermediary agency had falsified and issued false and untrue documents, which led to the failure of the accident enterprise to expose major risks of nitrification waste and accident hidden dangers in a timely manner, and the interference misled the supervision work of the relevant departments, which was an important reason for the accident. After the accident, Mr. Bo automatically arrived at the case by telephone notification and truthfully confessed his crime.

2、 Processing results

The People's Procuratorate of Funing County, Jiangsu Province prosecuted the defendants such as Jiangsu Tianmou Safety Technology Company and Bai Mou for the crime of providing false documents. The People's Court of Funing County held that Jiangsu Tianmou Safety Technology Co., Ltd., as an intermediary organization responsible for safety assessment, deliberately provided false certificates, which was serious and constituted the crime of providing false certificates; As the other directly responsible person for the crime of providing false certificates, Mr. Bo's behavior also constitutes the crime of providing false certificates. Bai Mou will be given a lighter punishment according to law if he voluntarily surrenders. Accordingly, Jiangsu Tianmou Safety Technology Co., Ltd. was sentenced to a fine of 300000 yuan for the crime of providing false supporting documents in accordance with Paragraph 1 of Article 229 of the Criminal Law of the People's Republic of China revised in 1997; Bai was sentenced to three years and six months' imprisonment and a fine of 25000 yuan. The other defendants shall be sentenced to corresponding punishments according to law. After the judgment of the first instance was pronounced, Jiangsu Tianmou Safety Technology Co., Ltd. and Bai Mou and other defendants filed an appeal. The Intermediate People's Court of Yancheng City, Jiangsu Province ruled to reject the appeal and uphold the original judgment.

3、 Typical significance

With the development of market economy, intermediary organizations play an increasingly important role. The intermediary organization of safety assessment shall be entrusted to carry out safety assessment activities and issue safety assessment reports. It plays a key role in whether the production and business operation entity can obtain the approval and permit of the production safety supervision department and can carry out production and business activities. It shall perform its duties according to law and issue a true and objective safety assessment report, otherwise it may bear criminal responsibility. For the criminal act of providing false supporting documents by the intermediary organization for safety evaluation and its staff, the judicial organ should comprehensively consider the means of action, the degree of subjective fault, the role played on the occurrence of safety accidents, the profit situation, consistent performance and other factors, comprehensively assess the social harmfulness, and properly judge the punishment according to the provisions of the Criminal Law, Ensure that the crime, responsibility and punishment are compatible.

Case 4

Hazardous operation case of Gaomou

——Implement the criminal policy of tempering justice with mercy and punish the crime of illegal operation and storage of dangerous chemicals according to law

1、 Basic case

The defendant Gao Mouhai, male, Han nationality, was born on October 30, 1984.

Xiong Mouhua, male, Han nationality, was born on September 6, 1967.

The non indicted person Xiong Jia, male, Han nationality, was born on March 19, 1987, the son of Xiong Mouhua.

The non indicted person Xiong Yi, male, Han nationality, was born on April 14, 1988, the son of Xiong Mouhua.

From June 2021, Gao Mouhai, in order to seek illegal benefits, rented Xiong B's self built house located at No. 136, Shuiyan Group, Bianshan Village, Shawen Town, Baiyun District, Guiyang City, Guizhou Province through Xiong Mouhua without the approval of relevant authorities, and stored and sold gasoline without authorization. When Houxiong, Xiongjia and Xiong B saw that it was profitable, they bought the gasoline stored in Gaomouhai and sold it separately to earn the price difference. At about 20:00 on December 13 of the same year, Gao's improper operation caused gasoline explosion, resulting in burns on his face and limbs, and partial burning of his Buick car and gasoline storage house.

2、 Processing results

Baiyun Branch of Guiyang Public Security Bureau in Guizhou Province investigated Gao Mouhai, Xiong Mouhua, Xiong Jia and Xiong Yi for suspected dangerous operation crime, and then transferred them to Baiyun District People's Procuratorate in Guiyang City for review and prosecution. The People's Procuratorate of Baiyun District, Guiyang City, after examination, believes that Gao Mouhai, Xiong Mouhua, Xiong Jia and Xiong Yi, in violation of safety management regulations, have engaged in highly dangerous production and operation activities such as the operation and storage of dangerous goods without obtaining approval and permission, which has caused accidents and has a real risk of serious casualties, The behavior has met the constitutive requirements of the crime of dangerous operation. Xiong Mouhua, Xiong Jia and Xiong B have been involved in the crime for a short time. They are mainly responsible for providing the crime scene and assisting in the sub packaging and sales of gasoline in the crime. They are first-time criminals, with the circumstances of pleading guilty and accepting punishment. The circumstances of the crime are minor. They make a decision not to prosecute Xiong Mouhua, Xiong Jia and Xiong B, and prosecute Gao Mouhai for the crime of dangerous operation. The People's Court of Baiyun District, Guiyang City sentenced Gao Mouhai to seven months' imprisonment for the crime of dangerous operation. There was no appeal or protest after the judgment was pronounced, and the judgment has come into force.

3、 Typical significance

According to the Catalogue of Dangerous Chemicals (2015 Edition), gasoline is a dangerous chemical. According to Article 33 of the Regulations on the Safety Management of Dangerous Chemicals, the state implements a licensing system for the operation of dangerous chemicals. Without a license, no unit or individual may operate dangerous chemicals. The sales and storage of gasoline shall obtain the corresponding license, the operators shall receive professional training and standardize the operation, and the storage of gasoline shall meet the corresponding conditions. In the process of handling specific cases, the judicial authorities have made a case against the perpetrator who, without professional training, business qualification, professional equipment, safe storage conditions and emergency handling capacity, engages in production, operation, storage and other highly dangerous production and operation activities near residential buildings without authorization, and has caused severe burns to the perpetrator due to non-standard operation If the consequences of the burning of the surrounding articles are considered comprehensively in terms of the way of action, the place of the crime and the harmful consequences, it can be identified as "there is a real danger of serious casualties or other serious consequences" in the crime of dangerous operations in Article 134-1 of the Criminal Law. At the same time, attention should be paid to different treatment. For other persons who provide conveniences for the actors and participate in repackaging to earn the price difference, considering their role in the joint crime and the circumstances such as pleading guilty and accepting punishment, they can make a decision not to prosecute according to law, reflecting the criminal policy of tempering justice with mercy.

Case 5

Li Mouyuan's Dangerous Operation Case

——The holding standard of "real danger" of closing fire safety equipment

1、 Basic case

The defendant, Li Mouyuan, male, Han nationality, born on October 9, 1975, is the head of Zhejiang Yongkang Yamou Hotel Supplies Co., Ltd. (hereinafter referred to as Yamou Company).

In 2020, Yamou Company installed combustible gas alarms in production and operation areas such as paint warehouse and hazardous waste warehouse due to safety production needs. Since October 2021, Mr. Li has closed the combustible gas alarm in order to save production expenses without authorization, knowing that closing the combustible gas alarm will lead to the inability to monitor the concentration of combustible gas released in the production process in real time, and there are major hidden dangers in safe production. On May 10, 2022, a fire broke out in the operation area of Yamou Company. From May 16 to 17 of the same year, the fire department inspected Yamou Company and found that the company had problems affecting safety production, such as unauthorized shutdown of combustible gas alarm devices, and a large number of paints, such as 10 barrels of Lange brand clear flavor primer curing agent, 16 barrels of Shoubang Paint A2 curing agent, 16 barrels of Shoubang Paint Wufen wear-resistant and smooth finish paint, were stored in the above area where the combustible gas alarm was closed Diluent, the company was ordered to rectify immediately, and the above case clues were transferred to Yongkang Public Security Bureau. Upon inspection, the above varnish and curing agent are flammable liquids and dangerous chemicals.

2、 Processing results

The People's Procuratorate of Yongkang City, Zhejiang Province, relying on the data application platform, found through big data screening that the dangerous operation case of Li Mouyuan transferred by the fire department to the public security organ has not been filed. After further access to relevant case files, Yongkang People's Procuratorate believed that Li's behavior was suspected of dangerous operation crime, and required the public security organ to explain the reasons for not filing a case according to law. After re examination, Yongkang Public Security Bureau decided to file a case for investigation. On the next day after filing, it found that the company had cleaned up the dangerous chemicals such as varnish and curing agent in the warehouse, but the combustible gas alarm device was still closed. The Yongkang Public Security Bureau transferred Li Mouyuan to the Yongkang People's Procuratorate for examination and prosecution as a suspected dangerous operation crime.

After examination, Yongkang People's Procuratorate believes that Li Mouyuan's act of turning off the combustible gas alarm without authorization has a real danger of serious casualty accidents or other serious consequences: First, there are major potential safety hazards in turning off the combustible gas alarm device. The Code of Design on Building Fire Protection and Prevention (2018 Edition) specifies that combustible gas alarm devices should be installed in places that may emit combustible gas and combustible vapor. Although a combustible gas alarm device was set up at the scene of the case according to the regulations, Mr. Li had learned that the concentration of combustible gas at the scene exceeded the standard, which would cause the alarm device to alarm. In order to save production costs, he did not take timely measures to reduce the concentration of combustible gas at the scene, but directly shut down and stopped the alarm device, leading to major hidden dangers in the production safety of the enterprise. Second, "danger" is realistic. At the scene of the case, not only three bottles of liquefied natural gas (one of which is in use) were stacked, but also a large number of dangerous chemicals such as paint, curing agent and several tons of hazardous waste such as paint slag were stacked. A large amount of volatile combustible gas would also be produced in the paint spraying of the enterprise's workshop. Once encountering an open fire or the concentration reached a certain threshold, a fire or explosion accident would be triggered. Third, "danger" is urgent. Before the incident, there had been a fire in the plant area involved, and objectively there had been "minor accidents". The reason why there had been no serious consequences such as major casualties was that during the period of major danger, the paint spraying workshop had stopped working for several consecutive days, and the concentration of combustible gas in the relevant area just did not reach the critical value, and it was found that it was quickly extinguished in a timely manner, It is due to accidental factors. After the fire inspection, it was immediately clearly pointed out that the enterprise had fire safety hazards such as "unauthorized shutdown of combustible gas alarm devices", but Li Mouyuan has not been rectified. Yongkang People's Procuratorate prosecuted Li Mouyuan for the crime of dangerous operation. Yongkang People's Court sentenced Li Mouyuan to eight months' imprisonment for the crime of dangerous operation. There was no appeal or protest after the judgment was pronounced, and the judgment has come into force.

3、 Typical significance

According to Article 134-1 of the Criminal Law, in the crime of dangerous operations, "there is a real danger of serious casualties or other serious consequences", which refers to an objective and urgent danger. If this danger is not eliminated or persists in time, it may lead to serious casualties or other serious consequences at any time. In judicial practice, whether it is a "real danger with serious casualty accidents or other serious consequences" should be comprehensively judged in combination with specific factors such as industry attributes, behavior objects, on-site environment, severity of violations, timeliness and effectiveness of corrective and rectification measures, etc. In handling specific cases, the judicial organ should accurately grasp the original intention of the legislation. For the circumstances where the actor has closed down or damaged the monitoring, alarm, protection, life-saving equipment and facilities directly related to production safety, there has been a major danger, or there has been a "minor accident", but no major serious consequences have been caused due to the objective reasons of contingency, It can be identified as "real danger of serious casualty accidents or other serious consequences".

Case 6

Zhao Moukuan and Zhao Moulong did not sue for dangerous operations

——The Grasping Standard of "Realistic Danger" in Dangerous Mining Operations

1、 Basic case

The non indicted person, Zhao Moukuan, male, Han nationality, was born on August 28, 1992, and is the person in charge of a mine in Yushan County, Jiangxi Province.

The non indicted person, Zhao Moulong, male, Han nationality, was born on October 6, 1975, and is a mine manager in Yushan County, Jiangxi Province.

On June 4, 2021, the Emergency Management Bureau of Yushan County, Jiangxi Province issued a decision on on-site treatment measures for a mine in Yushan County, withdrew the work safety license that expired on June 6 of the same year, and ordered it to close all surface mines before June 7. In the afternoon of June 12, because the water pump of the mine tunnel needs maintenance in the rainy season, in order to drain the accumulated water so that the mine site will not be flooded, Zhao Moulong, with the consent of Zhao Moukuan, arranged Wang Mouwen to remove the cement bricks that sealed the mine tunnel. At about 16:00 on June 13, Wang Mouwen led Cheng Mouxing and Zhang Moucai to repair the water pump at a depth of 150 meters. Due to the illegal use of boards to partition the slag in the mine tunnel, the boards were mildewed and damaged after being soaked in water. Cheng Yixing was trapped and injured by the slag during the process of replacing the water pump. After identification, Cheng's injury was rated as Grade I minor injury.

2、 Processing results

The Public Security Bureau of Yushan County, Jiangxi Province, put Zhao Moukuan and Zhao Moulong on file for investigation on suspicion of dangerous operation, and then transferred them to the People's Procuratorate of Yushan County for review and prosecution. After examination, the People's Procuratorate of Yushan County believes that the acts of Zhao Moukuan and Zhao Moulong "have a real danger of serious casualty accidents or other serious consequences", comply with the provisions of Paragraph 3 of Article 134-1 of the Criminal Law, and constitute a crime of dangerous operation. First, the "real danger" of this case is highly dangerous. In this case, the enterprises involved in mining operations, metal smelting, hazardous chemicals and other industries are high-risk industries, and their production operations are highly dangerous. When the safety production license expires and the enterprise is ordered to close all surface mines, it is still forced to enter the mines for operation, which has a real danger of endangering personal safety. Second, the "real danger" of this case is of realistic urgency. The mine tunnel of the enterprise involved was soaked for a long time due to the rainy season, and the on-site protective facilities did not meet the requirements, which led to mildew. During the operation of repairing the water pump at the mine depth of 150 meters, the partition board was damaged and the slag fell, causing personal injury. Because of timely and effective rescue, there was no major safety accident, which was a real danger.

The People's Procuratorate of Yushan County conscientiously implemented the criminal justice policy of "less arrests, more lawsuits and more detentions", combining punishment of crimes according to law with helping private enterprises recover and reduce losses. After hearing the opinions of victims and local grass-roots organizations on leniency, the People's Procuratorate of Yushan County applied the leniency procedure of pleading guilty and punishment to the persons involved in the case according to law. In view of the fact that Zhao Moukuan and Zhao Moulong actively rescued the wounded and obtained the victim's understanding after the incident, and that they had surrendered voluntarily, the circumstances of the crime were relatively minor, so they made a relatively non prosecution decision. At the same time, for the potential safety hazards that have not been completely eliminated in the production and operation process of the enterprise, we made and issued inspection suggestions to the local emergency management bureau and the natural resources bureau, jointly with relevant departments to guide the follow-up rectification of the enterprise, and urged the enterprise to equip qualified fall protection devices, protective facilities and supplies, professional emergency rescue teams, etc, Ensure that the person in charge of the enterprise and the management personnel pass the assessment of safety production knowledge and management ability. The enterprise has applied for the work safety license again after meeting the application conditions.

3、 Typical significance

In the process of handling specific cases, the judicial authorities have committed to mining, metal smelting, construction and other production activities without legal approval or permission for matters related to safety in production, where safety accidents have occurred, but no serious consequences have been caused due to effective rescue, It can be identified as the "real danger of serious casualty accidents or other serious consequences" in the crime of dangerous operations, Article 134 of the Criminal Law. In handling cases, the judicial organ should apply the system of pleading guilty, admitting punishment and leniency in accordance with the law, comprehensively and accurately implement the criminal judicial policy of "catching less, prosecuting more carefully and detaining more carefully", and may make a decision not to prosecute for dangerous operational crimes whose circumstances are minor and do not require punishment. At the same time, attention should be paid to strengthening the two-way connection of execution with emergency management, natural resources and other departments, urging the centralized investigation and remediation of risk hazards of enterprises involved, promoting traceability governance, and achieving equal emphasis on "crime" and "governance".

Punish crimes against production safety according to law Effectively ensure the safety of people's lives and property

——Heads of relevant departments of the Supreme People's Court and the Supreme People's Procuratorate

Just Answers to questions from reporters about the Interpretation of Several Issues Concerning the Application of Law in Handling Criminal Cases against Production Safety (II)

On December 15, the Supreme People's Court and the Supreme People's Procuratorate jointly issued the Interpretation (II) on Several Issues Concerning the Application of Law in Handling Criminal Cases Involving Work Safety (Fa Shi [2022] No. 19, hereinafter referred to as the "Interpretation"), which will come into force on December 19, 2022. At the same time, the People's Court Work of procuratorial organs in punishing crimes against production safety according to law and typical cases of punishing crimes against production safety according to law. In order to facilitate correct understanding and application in judicial practice, the heads of the Fourth Criminal Trial Division of the Supreme People's Court, the Second Procuratorial Office of the Supreme People's Procuratorate and the Legal Policy Research Office were interviewed.

Q: In the recent period, several production safety accidents have occurred in some regions and industries, seriously affecting social and public safety and people's sense of security. In view of the situation faced by safety production at this stage, what targeted provisions have been made in the Interpretation.

Answer: Recently, the production safety accidents in some regions and industries have rebounded, which must be attached great importance. The Supreme People's Court and the Supreme People's Procuratorate firmly implement the important instructions of General Secretary Xi Jinping and the decisions and arrangements of the CPC Central Committee, earnestly study and implement the spirit of the 20th CPC National Congress, timely summarize the experience of judicial work, and jointly study and issue the Interpretation against the outstanding problems in work safety and judicial practice. The Interpretation consistently adheres to the general principle of severe punishment according to law, unswervingly strikes against crimes endangering production safety according to law, fully uses criminal means to punish illegal production and business operations according to law, effectively maintains production safety, and protects the safety of people's lives and property.

First, it stipulates the behavior mode of the crime of forcing and organizing others to work in violation of rules and regulations, and makes it clear that those who force others to work in violation of rules and regulations by means of coercion, coercion, intimidation, or by taking advantage of the authority of organization, command, and management are all acts of forcing others to work in violation of rules and regulations in accordance with the Criminal Law; Anyone who, knowing that there are major potential accidents, still violates the provisions of safety management, does not exclude or deliberately cover up major potential accidents, and organizes others to work, can be identified as an act of risk organization as stipulated in the Criminal Law, to ensure that the judicial organ correctly applies the felony crime of forcing others to work against rules and regulations, and effectively punish crimes against production safety.

The second is to stipulate the scope of criminal subject and specific behavior identification of the crime of dangerous operations added in the Criminal Law Amendment (XI), and clarify that the person in charge, management personnel, actual controllers, investors and other personnel who are responsible for organizing, directing or managing production and operations, as well as those who are directly engaged in production and operations, can constitute the crime of dangerous operations; Deliberately failing to implement without justified reasons, evading or interfering with the implementation of administrative decisions and orders such as production suspension or construction suspension made by the people's governments at all levels or the departments responsible for the supervision and administration of production safety according to law by means of false facts or bribery and other illegitimate means are dangerous operations as specified in Article 134-1 of the Criminal Law, Ensure that criminal means are used to effectively punish illegal production and business operations that have not yet caused major accident consequences, so as to achieve the positive effect of eliminating potential safety risks in time and preventing production safety accidents from the source.

Third, in view of the problem that the personnel of the intermediary organization for safety assessment with prominent problems in practice provide false certificates and issue certificates that are materially untrue, the Interpretation stipulates a lower conviction standard, which clearly meets the standards of safety accidents that cause one death or more than three serious injuries, and direct economic losses of 500000 yuan or more than 1 million yuan, Convicted and punished with the crime of providing false certificates or the crime of producing certificates that are materially untrue, to ensure that such acts are effectively punished. At the same time, the Interpretation clearly states that if the personnel of the intermediary organization for safety assessment intentionally provide false certification documents as stipulated in Item 3, Paragraph 1, Article 229 of the Criminal Law, resulting in a safety accident that causes more than 3 deaths or serious injuries to more than 10 people, or a safety accident that causes a direct economic loss of more than 5 million yuan, they can be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years and fined. In addition, considering that in practice, the behavior of the safety assessment intermediary organization personnel providing false certificates is generally an indirect cause of production safety accidents, and the sentencing and the person directly responsible for the accident should be different. The Interpretation implements the criminal policy of tempering justice with mercy, and clarifies the behavior of the safety assessment intermediary organization personnel providing false certificates, When judging punishment, we should consider such factors as its means of action, the degree of subjective fault, its role in the occurrence of safety accidents, its profitability, and its consistent performance, comprehensively assess the social harmfulness, and judge punishment according to law to ensure that the crime, responsibility, and punishment are compatible.

Next, the Supreme People's Court and the Supreme People's Procuratorate will further study and implement the spirit of the Twentieth National Congress of the Communist Party of China, further carry out in-depth research, and further clarify the standards for judicial application of crimes against production safety, including the crime of dangerous operation, by continuing to study and issue judicial interpretations and normative documents, and issuing guiding cases, Strictly crack down on crimes endangering production safety and related crimes according to law, reasonably determine the boundaries between administrative violations and criminal crimes, and ensure that the punishment of crimes endangering production safety is effective.

Q: In February 2022, the Supreme People's Procuratorate issued the "No. 8 Procuratorial Recommendation" on comprehensive management of work safety to the Ministry of Emergency Management. Could you introduce the background, implementation, achievements and measures for further implementation of the "No. 8 Procuratorial Recommendation".

Answer: The occurrence of production safety accidents often has one cause and one effect, and the causes are complex. The Supreme People's Procuratorate, through analyzing a large number of data and cases, summarized all aspects of the causes of production safety accidents, found that the most prominent reason is that it is not enough to grasp the early and grasp the small, and it is not enough to punish the relevant responsible persons before the accident. In order to fully implement Xi Jinping's thought of rule of law, thoroughly implement the spirit of General Secretary Xi Jinping's important instructions and instructions on work safety, and promote relevant functional departments to prevent and resolve work safety risks from the source by strengthening law enforcement and supervision, the Supreme People's Procuratorate issued the "No. 8 Procuratorial Recommendation" on traceability of work safety to the Emergency Management Department in February 2022, At the same time, it shall be copied to 11 relevant departments. The important purpose of the formulation and development proposal is to make the concept of "preventing problems before they happen", "grasping early and catching small signs" deeply rooted in the hearts of the people, urge law enforcement and supervision to move forward, and "eliminate evil before it happens, and make disaster before it happens".

After the formulation and issuance of the "No. 8 Procuratorial Recommendation", the Supreme People's Procuratorate reported to General Secretary Xi Jinping and other leading comrades of the Central Committee on the preparation and issuance of the "No. 8 Procuratorial Recommendation". The main sending and copying units attach great importance to the "No. 8 Procuratorial Recommendation". The Emergency Management Department, the Ministry of Ecology and Environment, the Ministry of Transport and other relevant departments specifically respond to the implementation of the "No. 8 Procuratorial Recommendation". All relevant departments attach great importance to the implementation of the "No. 8 Procuratorial Recommendation" and further strengthening work safety, and promote practical and effective measures. The Supreme People's Procuratorate issued a special notice to the provincial procuratorates, putting forward clear requirements for the implementation of the "No. 8 Procuratorial Recommendation", and released ten typical cases of procuratorial organs implementing the "No. 8 Procuratorial Recommendation" in June Production Safety Month, giving full play to the exemplary and leading role of typical cases. On September 15, the Supreme People's Procuratorate held an on-site promotion meeting for the implementation of the "No. 8 procuratorial proposal" in Hefei, Anhui Province. The Supreme People's Procuratorate and the relevant responsible comrades of the Emergency Management Department attended the meeting and made speeches. The relevant responsible comrades of 14 provincial procuratorates, the responsible comrades of the Emergency Management Department, the Ministry of Public Security, the Ministry of Ecological Environment, the Ministry of Housing and Urban Rural Development, the Ministry of Transport and other ministries and commissions, Some NPC deputies and CPPCC members attended. The comrades at the meeting exchanged work experience, gathered and deepened consensus, and played a positive role in deepening the implementation of the "No. 8 procuratorial recommendation".

According to the deployment requirements of the Supreme People's Procuratorate, local procuratorial organs attach great importance to the implementation of the "No. 8 Procuratorial Recommendation", actively seek the support of the Party Committee, actively visit relevant functional departments of the government, go deep into the front line of enterprises, deliver and publicize the "No. 8 Procuratorial Recommendation", and jointly issue normative documents to implement the "No. 8 Procuratorial Recommendation" with emergency management and other departments, Efforts were made to prevent and resolve potential safety risks, and the "No. 8 procuratorial proposal" was thoroughly publicized online and offline in a variety of ways. The four procurators worked together to promote the implementation of the proposal according to local conditions. At present, the implementation of "No. 8 Procuratorial Recommendation" has achieved relatively obvious results. From the number of accidents and the punishment of administrative organs, taking the data of Henan Province in the first half of the year as an example, the number of production safety accidents and the number of deaths decreased by 18.2% and 39.8% respectively compared with the same period of the previous year. The provincial emergency management departments have used more than 52000 law enforcement documents in total, imposed more than 2200 administrative penalties for non accidents, and investigated 89 people for responsibility, of which it is recommended to give party discipline government affairs 50 people were punished, 23 people were recommended to be punished by party discipline, and 16 people were transferred to investigate criminal responsibility. From the perspective of the effect of troubleshooting and rectification of potential safety risks, the Anhui Provincial People's Procuratorate used the account of the law enforcement system of the emergency management information platform to inquire about major hazard sources, potential risk troubleshooting, law enforcement objects, law enforcement behaviors, etc., and found 34 major hazards that were not rectified in 10 cities in the province and 2217 general hazards that were not rectified from the platform, and submitted them to the relevant departments for rectification. The procuratorial organ of Jiangsu Province and relevant functional departments jointly carried out more than 170 joint inspections on production safety, and found more than 350 potential safety hazards, and more than 300 have been rectified. The People's Procuratorate of Changle District, Fuzhou City, Fujian Province, in conjunction with the District Emergency Management Bureau, the Market Supervision Administration and other member units as well as the local villages and towns, carried out a major inspection and rectification of textile printing and dyeing enterprises. 732 textile printing and dyeing enterprises were selected, 114 potential safety problems were identified, 22 instructions for rectification within a time limit were issued, and 18 enterprises that failed to complete the rectification requirements were stopped for rectification. From the perspective of the effect of legal supervision in the field of work safety, the procuratorial organ of Zhejiang Province found 53 clues of "the right to move" and 113 clues of "the right to punish" through the digital supervision model from January to October this year; 42 clues of "should have been established but not established" and 14 clues of "should have been withdrawn but not withdrawn" were found; 65 pieces of inspection suggestions on safety production management were made and issued; Transferring 9 clues of administrative punishment to administrative law enforcement agencies; 122 supervision clues were transferred among procuratorial organs.

The report of the Twentieth National Congress of the Communist Party of China (CPC) calls for "promoting the modernization of the national security system and capacity", "adhering to the purpose of people's security", "based on economic security", "adhering to safety first and prevention first". Next, the procuratorial organs will take the opportunity of promoting the implementation of "No. 8 procuratorial recommendations", thoroughly implement the spirit of the Twentieth National Congress of the Communist Party of China (CPC), and strive to promote the improvement of production safety governance capacity, To help modernize the country's governance system and capacity, we will focus on the following work: First, we will thoroughly summarize the relevant situation, achievements and problems in the implementation of the "No. 8 Procuratorial Recommendation" since its formulation and issuance, and report to the central government before the end of the year the implementation of the "No. 8 Procuratorial Recommendation" in the past year. The second is to work together with relevant functional departments and guide local procuratorial organs to anchor targets, focus on key points and optimize measures based on the implementation of the previous phase, focus on "grasping the small ones early, grasping the implementation of system norms, and pursuing accountability before it happens", and promote the inclusion of the response to and implementation of procuratorial recommendations into the party and government assessment system, Promote further implementation of recommendations. Third, we will further improve the working mechanism for linking up the execution of sentences. Guide local procuratorial organs to participate in accident investigation more effectively and play a better role. Actively explore the establishment of information sharing platform with emergency management and other departments, improve the information resource sharing mechanism, and realize resource sharing in different regions and at different levels. We should carry out research, training, court trial observation and other activities with relevant departments in due time, invite professionals from relevant administrative departments to serve as "specially invited assistant prosecutors", strengthen exchanges, learn from each other, and jointly solve problems in administrative law enforcement and criminal justice practice. The fourth is to strengthen the functions of case filing supervision and trial supervision of cases endangering production safety, pay attention to the comprehensive application of multi-level governance means, put forward opinions and suggestions on the handling of relevant personnel in time, and urge the fundamental prevention and control of crime.

Q: The Eleventh Amendment to the Criminal Law has added the crime of dangerous operation, which clearly defines that the crime should be "in real danger of causing serious casualties or other serious consequences". How should judicial organs judge and grasp the "real danger" in handling cases.

Answer: In recent years, the overall situation of work safety across the country has been stable and obviously improving. However, some major production safety accidents still occur from time to time, which have caused irreparable and particularly heavy losses to the lives and property of the country and the people. The lessons are extremely profound, and higher requirements have been put forward for the comprehensive management of work safety. In particular, the "8 · 12" catastrophic fire and explosion accident in Ruihai dangerous goods warehouse in Tianjin Port, the "3 · 21" catastrophic explosion accident in Jiangsu Xiangshui Tianjiayi Company, etc. The enterprises involved in the case failed to implement their responsibilities and effectively rectify the potential hazards of major accidents, which ultimately led to a tragedy. This also makes us deeply realize that it is too late to treat the accident after it happens. For some behaviors with major hidden dangers that have not had serious consequences but have led to real danger of major accidents, the criminal law must intervene in advance to prevent and punish such crimes. For this reason, the Criminal Law Amendment (XI) has added the crime of dangerous operation, Article 134-1 of the Criminal Law, to regulate the behaviors that violate the safety management regulations in production operations, but have not caused serious consequences, but have realistic risks of serious casualties or other serious consequences.

Since the implementation of the Eleventh Amendment to the Criminal Law, the judicial authorities have handled a number of dangerous operation crime cases according to law, and accumulated some experience and practices. The Interpretation clarifies the criminal subject and objective behavior of the crime of dangerous operations. Considering the complexity of the identification of "real dangers with serious casualty accidents or other serious consequences", it is necessary to further summarize the judicial practice experience. At present, we should strengthen guidance through the development of typical cases, When the time is ripe, it will rise to the judicial interpretation. We suggest that we can grasp and judge the "real danger" from the following aspects:

First, pay attention to the original intention of the legislation. From the perspective of the legislative background and intention of the crime of dangerous operation, this crime is a specific dangerous crime, not a behavioral crime. In practice, we should strictly grasp the conditions for criminalization, that is, we need to have "real danger", and include the behaviors of major hidden dangers that are particularly dangerous and easily lead to the consequences into crimes, instead of including ordinary and numerous other behaviors that violate the provisions of production safety management into criminal sanctions, so as to avoid unclear boundaries between administrative violations and criminal crimes, Prevent the application of laws and regulations on overhead safety production. At the same time, the identification of "real danger" should also take into account the actual situation of the production and operation of enterprises. While strengthening the main responsibility of enterprises for safe production and ensuring safe production, it should avoid excessive burden on the production and operation of enterprises and improper interference with normal production and operation.

Second, we should pay attention to the comprehensive judgment principle. Judging from the actual situation of judicial case handling and the release of typical cases, "real danger" mainly refers to the occurrence of major dangers, or "minor accidents" such as "roof fall" and "leakage". Although there were no major consequences in the end, some of them were stopped in time, and some of them were effective rescue, Some of them can be regarded as "real danger" only because of the objective reason of contingency. As for "real danger", it should be comprehensively analyzed and judged according to the specific situation of the case in combination with various factors such as industry attribute, behavior object, on-site environment, severity of violations, timeliness and effectiveness of corrective and rectification measures, etc. If necessary, it can solicit opinions from emergency management and other departments responsible for work safety supervision and management, and conduct comprehensive review in combination with other evidence, Make a determination according to law.

Third, we should pay attention to the principle of substantive judgment. The addition of dangerous operation crime reflects the requirement of "sticking to safety first and prevention first" in the report of the 20th National Congress of the Communist Party of China, so this "real danger" should have the nature of social harmfulness and punishment. In other words, this "real danger" is an objective, urgent, specific and clear danger. Some safety accidents with signs and early warning have even occurred. If they cannot be eliminated in time and continue to exist, they may lead to heavy casualties or other serious consequences at any time. For example, in practice, there are several situations as follows: first, closing or destroying the monitoring, alarm, protection, life-saving equipment and facilities directly related to production safety, or tampering with, concealing, or destroying their relevant data and information, resulting in the concealment of major accident hazards, causing major dangerous situations, or directly affecting the escape and self rescue of personnel at the accident site, and emergency rescue of accidents; 2. Refusing to implement the rectification measures to eliminate the danger due to the existence of major potential accidents and being ordered to suspend production and business, construction, use of relevant equipment, facilities and sites or taking immediate rectification measures to eliminate the danger, resulting in major dangers; Third, matters involving production safety are engaged in mining, metal smelting, construction, production, operation and storage of dangerous goods and other highly dangerous production and operation activities without approval or permission according to law, and there are major potential accidents in the production and operation sites or safety facilities, equipment and technology, causing major dangers, It can be considered as having "real danger".