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[Interpretation of the Special Equipment Safety Law] Article 56

2021-04-01View Original

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Article 56 If special equipment inspection agencies and their inspectors deliberately create difficulties for special equipment production, operation, and use entities through their inspection activities, such entities have the right to file complaints with the department responsible for the supervision and management of special equipment safety. The department that receives the complaint shall conduct an investigation and take appropriate action promptly. Interpretation of the provision: This article deals with the regulations regarding complaints and handling of violations in the inspection of special equipment. Because inspection agencies, as entities engaged in statutory inspections, possess certain powers. To prevent special equipment inspection agencies and their inspectors from abusing their authority in their work, thereby causing difficulties for units that produce, operate, and use such equipment. On one hand, it is necessary to strengthen the professional ethics education for its inspectors; on the other hand, strict regulations must be implemented to impose constraints. At the same time, production, operation, and use entities of special equipment are granted the right to supervise. Such entities should cherish this right, protect the legitimate interests of their own staff, and simultaneously fulfill their responsibility to oversee the behavioral standards and work quality of inspection agencies and their personnel. If it is discovered that inspection agencies or inspectors engage in illegal activities such as accepting bribes, making demands, or using coercion, or if they delay or even refuse to issue inspection or testing reports when enterprises fail to meet their unreasonable requests, impose harsh penalties on enterprises by failing to draw conclusions based on the relevant safety technical standards, or abuse their power in violation of the provisions of this law, then special equipment manufacturers, operators, users, as well as any individuals, may directly file complaints with the departments responsible for supervising and managing special equipment safety at all levels. To resolve the issue as quickly as possible, it is generally advisable to first report it to the local authorities responsible for the supervision and management of special equipment; at the same time, complaints can also be submitted to the higher-level authorities in charge of such supervision and management. The department responsible for the supervision and management of safety in special equipment, upon receiving a complaint, shall take the issues raised in it seriously, promptly organize investigations to verify the situation, and order that the complaint be addressed. For cases where the issues are confirmed to be true, the department responsible for the safety supervision and management of special equipment shall impose penalties in accordance with the relevant provisions of this law.

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