Homepage> Legal consultation and services>The head of the relevant departments and bureaus of the Ministry of Emergency Management responded to the "Opinions on Strengthening the Law Enforcement of Work Safety"

 

 

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Article selection staff: Liu Lei   |   Release date:2021/4/19 8:49:26   |   Number of views: 23021


Recently,The Ministry of Emergency Management issued the "Opinions on Strengthening the Law Enforcement of Work Safety" (hereinafter referred to as the "Law Enforcement Opinions"),Highlight precise law enforcement、Strict enforcement、Standardize law enforcement,Require emergency dafabet casino mobile appManagement Departments at all levels to further clarify hierarchical responsibilities、Innovative law enforcement methods、Standardize law enforcement behavior,Comprehensively improve the quality of law enforcement、Strengthening law enforcement effectiveness,Effectively solve the inaccuracies in production safety law enforcement、Not strict、Irregular、Problems such as low law enforcement efficiency。Background on the promulgation of the "Law Enforcement Opinions"、Purpose、Main contents and implementation measures,Relevant persons in charge of the Safety Law Enforcement and Industry and Trade Supervision Bureau of the Ministry of Emergency Management answered reporters’ questions。


Question: What is the background of the promulgation of the "Law Enforcement Opinions"?


Answer: Safety production is the basic fundamental of emergency management,Safe production emphasizes prevention,Safety production supervision and law enforcement is an important means of prior prevention of production safety。Party Central Committee、The State Council attaches great importance to safety supervision and law enforcement work,Since the 18th National Congress of the Communist Party of China,General Secretary Xi Jinping has issued important instructions on administrative law enforcement and work safety supervision and law enforcement on many occasions。Emphasize the need to adhere to the rule of law、Government according to law、Joint promotion of administration according to law,A country ruled by law、Government under the rule of law、Construction of an integrated society under the rule of law,Promote strict standards, fair and civilized law enforcement。Points out the need to continuously improve the law enforcement system、Standardize law enforcement procedures、Innovative law enforcement methods、Strengthen law enforcement supervision,Comprehensively improve law enforcement efficiency,Promote the unification of rights and responsibilities、Authoritative and efficient administrative law enforcement system,Effectively safeguard the legitimate rights and interests of the people。General Secretary Xi Jinping pointed out when presiding over the 19th collective study session of the Political Bureau of the CPC Central Committee on November 29, 2019,We must adhere to governance according to law,Strengthening safety production supervision and law enforcement,Supervision and enforcement must be precise。The "14th Five-Year Plan for National Economic and Social Development and Outline of Long-term Goals for 2035" adopted by the Fifth Plenary Session of the 19th CPC Central Committee and this year's National "Two Sessions" clearly put forward specific requirements for "strengthening safety production supervision and law enforcement"。


September 2020,Opinions on Deepening the Reform of Comprehensive Administrative Law Enforcement in Emergency Management issued by the General Office of the CPC Central Committee and the General Office of the State Council,To clarify the status of emergency management law enforcement、Establish law enforcement authority、Improve the law enforcement system and strengthen law enforcement force、Standardize law enforcement behavior、Specific provisions have been made to strengthen law enforcement guarantees。Special emphasis is placed on “strengthening law enforcement work on production safety,The principle requirement of “effectively preventing and containing production safety accidents”,These requirements provide clear directions for strengthening work safety law enforcement。


The spirit of a series of important instructions from General Secretary Xi Jinping and the Party Central Committee、These major decisions and arrangements of the State Council,All provide fundamental guidance for us to do a good job in safety production law enforcement from the strategic perspective of "Four Comprehensives"。For the emergency management system to do a good job in safety production law enforcement work,Not only to protect the lives and safety of the people、Important business responsibilities to prevent and resolve major security risks,It also reflects our insistence on "two supremacy"、Concrete actions to achieve "two maintenances",It is an important symbol to test the political execution ability of the emergency management system。


Question: What are the main contents of the "Law Enforcement Opinions"?Issuance and implementation of the "Law Enforcement Opinions",What problems is the main purpose to solve?


Answer: The "Law Enforcement Opinions" focus on precision、strict、Standardize three law enforcement elements,Requesting that risk prevention and accident prevention be strengthened through strengthening law enforcement,Insisting on precise law enforcement、Insist on strict law enforcement、Standardize law enforcement dafabet online betting websitebehavior、Promote the construction of law enforcement informatization、Proposed 17 work measures in 5 aspects to strengthen the construction of law enforcement force。


Strengthening law enforcement in production safety is the implementation of Xi Jinping’s thought on the rule of law、Major measures to deepen the comprehensive administrative law enforcement reform of the emergency management system,Is an important means to adapt to the new development stage and promote the safe development of enterprises,It is also an urgent requirement to focus on solving outstanding problems in the current field of safety production。Safety production law enforcement is an important part of comprehensive administrative law enforcement for emergency management,Current law enforcement work and the Party Central Committee、There is still a big gap between the new requirements of the State Council and the new expectations of the people,Already turning a blind eye、Should it be strict or not、Is it important?、Repeated problems,There are also multiple layers of duplicative law enforcement、Selective Enforcement、Informatization construction lags behind、Problems such as low law enforcement efficiency,These are not accurate、Not strict、Irregular、The problem of low efficiency not only reduces administrative efficiency,The situation that leads to "No problem found in security check" is prominent,And some major security risks cannot be effectively controlled,Reflects that the current work safety law enforcement cannot fully adapt to the requirements of the new development stage。Currently,All regions are advancing the comprehensive administrative law enforcement reform of emergency management in an orderly manner,In order to ensure that production safety law enforcement can only be strengthened but not weakened during the reform process,At the same time, in response to the above-mentioned problems that have arisen in the work of safety production law enforcement for a period of time,The "Law Enforcement Opinions" adhere to a problem-oriented approach,Proposed targeted work measures one by one,Focus on solving outstanding problems,Straighten out the basic relationships in law enforcement work,Release a signal to society and enterprises to strengthen work safety law enforcement,Promote the establishment of a new stage of improvement and development、New development concept、Scientific and efficient production safety law enforcement system and mechanism adapted to the new development pattern,Practice “two safeguards” with strong law enforcement actions and effects。


Question: Party Central Committee、The State Council has always emphasized that supervision and law enforcement must be precise,May I ask what new measures the "Law Enforcement Opinions" have in terms of precise law enforcement?


Answer: The "Law Enforcement Opinions" are aimed at the multi-layered duplication of law enforcement in the current production safety law enforcement work、"Big Hulong、Inaccurate law enforcement issues such as "Gust of Wind" and "Selective Enforcement",Emphasis on focusing on law enforcement,Go to the “painful spot”,Clear from the law enforcement level、Object clear、Specific requirements have been put forward in three aspects of matters accuracy。First, clarify hierarchical responsibilities。Currently reflected by some enterprises,Subject to multiple repeated inspections by regulatory authorities at different levels every year,Some central enterprises、Provincial enterprises must accept the province、City、Multi-level inspections at counties and even towns。Multi-layered duplication of law enforcement,Not only is it easy to lead to the phenomenon of "three monks without food" where "some managers are in charge and others are ignored",And in case of an accident,There are many levels of investigation、There are many investigators。Therefore,The first key task of the "Law Enforcement Opinions" is to clarify the hierarchical jurisdiction,Clearly stipulates that local emergency dafabet casino mobile appManagement Departments at all levels are responsible for law enforcement within their jurisdiction,Provincial emergency management departments should clarify the list of enterprises under the jurisdiction of law enforcement at the provincial, municipal and county levels,In principle, an enterprise corresponds to one level of law enforcement body。Superior departments cannot completely delegate law enforcement responsibilities to subordinates,After determining the list of enterprises under jurisdiction at each level,Lower-level departments do not carry out law enforcement activities for enterprises that the higher-level departments are responsible for,However, higher-level departments must supervise, guide and conduct random inspections of lower-level law enforcement work。When lower-level departments encounter major and complex cases, they must promptly report to the higher-level department for investigation and handling。The second is to scientifically determine key enterprises for inspection。There are many types of production and business units in our country,Each region has a large number of regulatory and law enforcement targets,If all are treated equally,It is easy to be distracted during the actual execution process,Can’t find the point,It is also easy to waste administrative resources。Therefore,The "Law Enforcement Opinions" emphasize that enterprises with high security risk levels in key industries must be included in the annual law enforcement plan,Get a “full coverage” inspection at least once a year。For those with “records” of accidents and breach of trust、Enterprises with major violations,dafabet casino mobile appAdd at least one more check。Key inspections for first-level enterprises in safety production standardization or enterprises that have been law-abiding and trustworthy without accidents for more than three years,Can be included in law enforcement spot checks。Report serious violations exposed by typical accidents or implement temporary key tasks and report through complaints、Transfer and transfer、Problems discovered by dynamic monitoring etc.,Carry out law enforcement inspections in a timely manner,Not subject to enforcement program。The third is to focus on key matters of law enforcement inspection。The "Law Enforcement Opinions" emphasize the need to determine the standards for major accident hazards in key industries,Establish a list of key matters for law enforcement inspection,That is, we must focus on highlighting security risks、Key links prone to accidents、Inspect key positions and key facilities,Don’t just check the “four old” management issues (security training、Emergency plan、Special operations and hidden danger investigation)。We must thoroughly implement the "focus on key points" pointed out by General Secretary Xi Jinping、Grab the key、The spirit of the important instructions of “grasping weak links”,Inspection aiming at major accident risks,Committed to finding problems、Research Question、Solve the problem。


Question: Strict enforcement、Punishment according to law is the bottom line of administrative law enforcement work,What are the specific requirements for strict law enforcement in the "Law Enforcement Opinions"?


Answer: There is a rule for safe production,There is a positive correlation between the intensity of safety supervision and the degree of implementation of corporate responsibilities。In other words, the stronger the government’s safety supervision and law enforcement efforts,The better the company implements its main responsibility,Government safety supervision and enforcement are “loose and soft”,Enterprises must not be able to implement their main responsibilities well。The "Law Enforcement Opinions" emphasize that law enforcement inspections must be "strong" and "long-toothed",Effectively improve corporate awareness of illegal responsibilities。First, strict law enforcement and punishment。Punishments must be strictly based on laws and regulations,Administrative penalties cannot be replaced by measures such as ordering corrections within a time limit,Cases involving multiple illegal acts must be considered separately、Merger Penalty,Cannot selectively punish。For violations that have not been rectified within the time limit or have not been rectified in place,And the same illegal act occurs repeatedly,To be investigated and dealt with seriously in accordance with the law,Severe punishment。Various illegal acts discovered during law enforcement inspections,Keep an eye on it,For serious violations,Strict law enforcement closed-loop management。For serious violations,Require the main person in charge of the enterprise to take the lead in the implementation of rectifications,Consolidate rectification responsibilities,Prevent "repeated offenders"。The second is to establish a regular reporting system for typical law enforcement cases。Provisions of "Law Enforcement Opinions",Provincial emergency dafabet casino mobile appManagement Department every six months、Municipal level every quarter、County level every two months,Report to the Emergency Management Department at least one law enforcement case in which administrative penalties are imposed directly by this level,Do not regard cases investigated and dealt with by subordinates as cases at this level。The Emergency Management Department will make rewards and punishments clear,Select strict enforcement penalties、Excellent case of standardized law enforcement procedures,Give credit and rewards to relevant units and individuals in accordance with the "Interim Provisions on Awards for Emergency Management Systems";But the law enforcement is not strict、Cases of irregular procedures will be reported in due course。The third is to closely connect executions。March 1 this year,The "Criminal Law Amendment (Eleven)" is officially implemented,Added the crime of dangerous operations in the field of production safety,Intensified criminal liability investigation for serious violations before the accident。This is the first time in our country’s criminal law that no casualties or other serious consequences have occurred,However, criminal liability shall be pursued for illegal acts with real danger。The "Law Enforcement Opinions" require emergency management departments at all levels to conduct law enforcement inspections,Discover illegal activities suspected of dangerous operations,It is necessary to follow the "Measures for the Connection of Administrative Law Enforcement and Criminal Justice in Production Safety",Prompt transfer to judicial authorities,Pursuing criminal responsibility according to law,This will greatly enhance the deterrent effect of law enforcement inspections,Promote enterprises, especially the actual controller、Legal representatives and other principal persons in charge must overcome their luck,Comply with laws and regulations。March 19,State Council Security Committee Office、The Ministry of Emergency Management announced Hangzhou, Zhejiang、Two typical cases of connection between executions for dangerous work in Qingdao, Shandong,Achieved good social response,The Emergency Management Department will further increase publicity efforts in the future。At the same time,The "Law Enforcement Opinions" also put forward clear requirements for strengthening joint punishment for dishonesty and establishing a joint law enforcement mechanism。


Question: Standardizing law enforcement is one of the important contents of building a rule of law government,What specific requirements does the "Law Enforcement Opinions" have in regulating law enforcement?


Answer: against arbitrary law enforcement、Inconsistent standards and improper procedures、Problems such as low quality of case handling,The "Law Enforcement Opinions" raises requirements from three aspects,Emphasis on the need for high standards in law enforcement,Strictly enforce the law in accordance with legal procedures。First, comprehensively implement the “three systems” of administrative law enforcement,The "Law Enforcement Opinions" emphasize the need to fully implement the administrative law enforcement disclosure system in strict accordance with the relevant regulations of the State Council、Recording system for the entire process of law enforcement、Legal review system for major law enforcement decisions,This is the basic strategy for implementing the comprehensive rule of law、Important content in promoting the construction of a rule of law government,It also forces us to strictly standardize, fair and civilized law enforcement、An important means to effectively protect the legitimate rights and interests of the people。The second is to standardize law enforcement procedures,The "Law Enforcement Opinions" emphasize the establishment of a scientific and efficient law enforcement work model,Standardize and improve daily law enforcement inspections、Special law enforcement、Open investigation and secret visit、Working methods such as cross-check and mutual inspection,Perform law enforcement procedures objectively and in accordance with the law。The third is to strengthen case file review and law enforcement review and assessment,The third is to strengthen case file review and law enforcement review and assessment,Carry out regular review of law enforcement case files;Establish and improve the law enforcement evaluation and assessment system,It is illegal to order corrections according to laws and regulations、Administrative penalties for improper circumstances,And strengthen the application of assessment results。


Question: In what aspects does the "Law Enforcement Opinions" focus on accuracy、strict、Providing relevant support for standardizing law enforcement?


Answer: First, it is required to promote the construction of law enforcement informatization,for accuracy、strict、Standardize law enforcement and provide scientific and technological support。Uncountable numbers for law enforcement、Not efficient、Problems such as low level of informatization,The "Law Enforcement Opinions" put forward requirements for strengthening the informatization of production safety law enforcement from three aspects。First, establish and improve the basic electronic ledger of enterprise security,And dynamically update,Form “one enterprise, one gear”。The second is to vigorously implement “Internet + law enforcement”,Promote intelligent mobile law enforcement systems and handheld terminal applications,The entire process of law enforcement is online,Superior departments use the law enforcement system to grasp the status of law enforcement inspections in real time,Realizing Enforcement Plan、Law enforcement inspection、Real-time management of statistical analysis。The third is to integrate the production process surveillance videos and real-time production safety data of key inspection companies into the national unified supervision and law enforcement information platform,Achieve real-time video monitoring and real-time analysis of enterprise central control platform data,Strengthen the analysis, judgment, prediction and early warning of security risks of law enforcement objects,Realize remote law enforcement and intelligent early warning。


The second requirement is to enhance the capabilities of the law enforcement team,for accuracy、strict、Standardize law enforcement and provide law enforcement support。In response to problems such as the mismatch between the professional capabilities of law enforcement teams and their actual work,Make requests from three aspects,Emphasis on strengthening the party’s leadership over work safety law enforcement,Accelerate the integration and formation of a comprehensive administrative law enforcement team,Improving the systematic education and training mechanism,Strengthen the training of law enforcement backbones。


One thing to emphasize here is,The "Law Enforcement Opinions" are an important document leading the current and future work on production safety law enforcement,Emergency dafabet casino mobile appManagement Departments at all levels must effectively enhance their sense of responsibility、Sense of mission and urgency,Seventeen work tasks and measures focused on the "Law Enforcement Opinions",Focus on implementation。At the same time,It is necessary to coordinate and coordinate the implementation of the "Law Enforcement Opinions" and the comprehensive administrative law enforcement reform of emergency management,Strengthening production safety law enforcement in law enforcement reform,Demonstrate the effectiveness of law enforcement reform through continuous strengthening of production safety law enforcement。


Question: How to ensure the effective implementation of the seventeen measures specified in the "Law Enforcement Opinions"、See results?


Answer: First, the "Law Enforcement Opinions" itself has a certain institutional and grassroots practical basis。In recent years,The Ministry of Emergency Dafabet reviewsManagement has successively issued notices on the implementation of the opinions on the law enforcement reform of the General Office of the CPC Central Committee and the General Office of the State Council、Implementation Plan for the “Three Systems” of Administrative Law Enforcement、Standards for law enforcement equipment、Special documents such as interim regulations on rewards,And we are paying close attention to the implementation of various tasks。Local emergency dafabet casino mobile appManagement Departments at all levels are also constantly innovating,In precision、strict、Many useful attempts have been made in standardizing law enforcement,Precise law enforcement at classification and level、Promotion and application of “Internet + Law Enforcement” system、Exploring some effective systems and practices in innovative law enforcement models,Laid a good foundation for the implementation of the "Opinions"。The second is to continue to promote the research and formulation of relevant institutional measures for production safety law enforcement。Currently,The Ministry of Emergency Management is studying and formulating a guidance catalog for law enforcement matters、Code of Conduct for Law Enforcement Officers、Institutional documents such as team building guidance,Report of typical law enforcement cases at the same time、Key tasks such as the integration and establishment of a supervision and law enforcement information platform and the "Internet + Law Enforcement" pilot will also be fully carried out,Promote collaboratively through the above-mentioned work,Gradually improve the mechanisms and systems for all aspects of production safety law enforcement,Promote and ensure the true implementation of the "Law Enforcement Opinions"。The third is to take multiple measures to strengthen publicity and implementation。After the promulgation of the "Law Enforcement Opinions",The Emergency Management Department has held a system-wide video conference on April 8 for publicity,Promote local emergency management departments at all levels to pay close attention to the implementation、Strengthen work effectiveness。At the same time, we will continue to mobilize various regions to improve the quality of law enforcement、Highlights and typical practices in strengthening law enforcement effectiveness,Regular promotion and summary exchange,Practice implementation work。


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