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[Interpretation of the Special Equipment Safety Law] Article 73

2022-01-24View Original

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Article 73: The department responsible for organizing the accident investigation shall submit the accident investigation report to the people’s ** at the corresponding level, and also file it with the department in charge of supervising and managing the safety of special equipment at the next higher level. The relevant departments and units shall, in accordance with the provisions of laws and administrative regulations, hold the entities and individuals responsible for the accident accountable. The entity responsible for the accident shall implement corrective measures in accordance with the law to prevent similar accidents from occurring. If an accident causes damage, the entity responsible for the accident shall bear the liability for compensation in accordance with the law. Interpretation of the provisions: This article deals with the preparation of accident investigation reports, the legal pursuit of liability for accidents, the prevention of similar accidents, and compensation for damages caused by accidents. 1. The department responsible for organizing the accident investigation shall submit the accident investigation report to the people’s ** at the corresponding level. An accident investigation report is a written document prepared by the accident investigation team as part of its duties to investigate an accident, providing a comprehensive account of the incident. Its contents include objective information such as an overview of the entity where the accident occurred, the sequence of events leading to the accident and the efforts made to rescue those affected, as well as details on casualties and direct economic losses. It also covers the investigation team’s determination of responsibilities, recommendations for dealing with those responsible, and measures to prevent similar accidents and address any shortcomings identified. The accident investigation report is the only legally valid basis for accident prevention and for dealing with the responsible persons and units. Since the accident investigation team is formed temporarily to investigate a specific accident, and considering that the recommendations put forward in the accident investigation report prepared by this team must ultimately be implemented by the relevant grassroots organizations, departments, and units, it is necessary to formalize these recommendations as official opinions of the organization responsible for the accident investigation; only in this way do they gain validity and can be implemented. There is no doubt regarding the legal validity of the accident investigation report that has been submitted. Firstly, this report was prepared in accordance with the provisions of this law, which is the highest-level legislation governing the safety of special equipment ; Secondly, this report is the only investigation report on special equipment accidents issued in accordance with the law, as no other laws provide regulations regarding such accidents. Of course, in order to effectively enhance the effectiveness of accident investigation reports, when submitting such reports, the organizations responsible for conducting accident investigations can request guidance, and they may also disclose the progress of the investigations in accordance with relevant laws and administrative regulations. This approach helps to ensure fairness, transparency, and openness in administrative actions, thereby avoiding disputes during the process of holding the parties and individuals responsible for the accidents accountable as required by law and administrative regulations, and it promotes the implementation of the principle of \"not letting go of any aspect related to an accident\" in accident investigations and handling. II. The accident investigation report shall be filed with the department at the next higher level responsible for the supervision and management of special equipment safety under the people’s government. The higher-level departments are aware of the accident investigation progress carried out by the lower-level departments, which facilitates the statistical analysis of accident patterns within their respective administrative areas and the formulation of preventive measures. It also enables supervision and guidance over the accident investigation work conducted by the lower-level departments. It should be noted that when an accident investigation report is submitted to the higher-level department, that department merely keeps a record of it for informational purposes only and is not authorized to issue any approval decisions. III. Legal pursuit of liability for the accident. (1) The entity responsible for holding accountability. This provision stipulates that liability for accidents shall be pursued by the “relevant departments and units” in accordance with laws and administrative regulations. ““The relevant departments and units” are not specific entities; they may be one department or multiple departments, depending on the nature of the responsibilities identified in the accident investigation report. Generally speaking, if the nature of the responsibility involves a crime, the “relevant authorities” can refer to judicial bodies such as prosecution agencies ; If the nature of the responsibility does not yet constitute a criminal offense and rather falls under circumstances that warrant administrative penalties or other administrative sanctions in accordance with the law, the \"relevant departments and units\" can include the superior authorities of the responsible unit and individuals, the **functional departments that are responsible for granting administrative approvals to such units and individuals, as well as the unit to which the responsible individuals belong. (II) Procedures and content for holding accountability. This should also be determined based on the liability as identified in the accident investigation report, whether it is a violation of this Law or of laws or administrative regulations such as the Regulations on the Safety Supervision of Special Equipment; this Law or other relevant laws and administrative regulations specify the measures to be taken regarding such liabilities. During implementation, it is necessary to ensure the following: First, \"relevant departments and units\" shall exercise their powers only within the scope of their statutory duties and authorities, and must not overstep such limits. In cases of suspected crimes, judicial authorities such as procuratorial offices shall pursue legal action in accordance with laws such as the Criminal Law ; Other administrative penalties shall be imposed, in accordance with laws and administrative regulations such as the Administrative Penalty Law and the Administrative Supervision Law, by administrative organs vested with the power to impose administrative penalties within their statutory authority. Secondly, the procedure must be legal. In modern legal systems, procedural legality and legitimacy have become universal requirements; procedural legitimacy is a necessary condition for legitimate outcomes. To hold the units and individuals responsible for the accident accountable in accordance with laws and administrative regulations, to impose administrative penalties on such units and individuals, and to administer disciplinary actions against the staff members who are at fault for the accident, it is necessary to strictly follow the procedures stipulated by laws and administrative regulations. Among them, administrative penalties are administrative sanctions imposed on entities or individuals who have committed administrative violations. In accordance with the Administrative Penalty Law, the types of administrative penalties include warnings, fines, confiscation of illegal gains, confiscation of illegal property, orders to suspend business operations, suspension or revocation of licenses, suspension or revocation of permits, and administrative detention. Administrative sanctions are punitive measures imposed by the employer, its superior supervisory authority, or relevant authorities on **staff members** and those assigned by government agencies to work in enterprises or public institutions for any illegal acts committed. In accordance with the relevant provisions of the Administrative Supervision Law and the Civil Servants Law, the types of sanctions include warnings, reprimands, serious reprimands, demotions, removal from office, and dismissal. IV. Paragraph 2 of this article provides provisions for the prevention of similar accidents and compensation for damages caused by such accidents. Compared with the Regulations on the Safety Supervision of Special Equipment, this is an additional requirement. It not only reflects the implementation of the \"four no-lets-go\" principle in accident investigation and handling, but also highlights the role of the units responsible for the accidents as those bearing the main responsibility for special equipment safety. It shows that only by ensuring the fulfillment of these main safety responsibilities can safety prevention efforts be effectively guaranteed, and the lives lost in special equipment accidents will not be in vain. As for compensation for the damages caused by accidents, it is not only required by law but also by logic and fairness. As part of the modern legal system**, and particularly in the process of improving the legal order within a socialist market economy, it serves to ensure social harmony and stability, to punish those who violate laws and regulations, and to cover the costs of damages resulting from accidents – all of which constitutes an expression of fulfilling responsibilities.

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