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Article 82: If a special equipment business entity violates the provisions of this Law by engaging in any of the following acts, it shall be ordered to cease operations, the special equipment used for illegal operations shall be confiscated, and a fine of not less than 30,000 yuan but not more than 300,000 yuan shall be imposed； If there are illegal gains, such gains shall be confiscated: (1) Selling or leasing special equipment that has been produced without a permit, or that has not undergone inspection or has failed the inspection ； (II) Selling or leasing special equipment that has been explicitly ordered to be phased out or is already scrapped, or special equipment that has not been maintained in accordance with the requirements of safety technical specifications. If a special equipment seller violates the provisions of this law by failing to establish systems for inspection, acceptance, and sales recording, or fails to fulfill the obligation to provide prior notification in the case of imported special equipment, they shall be ordered to make corrections and fined not less than 10,000 yuan but not more than 100,000 yuan. If a special equipment manufacturing unit sells or delivers special equipment that has not been inspected or has failed the inspection, it shall be punished in accordance with the provisions of the first paragraph of this article ； In serious cases, the production license shall be revoked. Interpretation of the provisions: This article stipulates the legal responsibilities that shall be borne by entities operating special equipment for any illegal acts they commit, as well as the legal responsibilities that shall be borne by entities producing special equipment for selling or delivering such equipment that has not been inspected or has failed inspection. The legal responsibilities stipulated in this article cover three aspects: first, those where special equipment operators sell or lease special equipment that has been produced without a license, has not been inspected or has failed inspection, **has been designated for retirement, or has already been scrapped, or special equipment that has not been maintained in accordance with the requirements of safety technical specifications. Second, special equipment sales units fail to establish systems for inspection, acceptance, and sales recording, or fail to fulfill the obligation of providing prior notification for imported special equipment. Third, production units of special equipment that sell or deliver special equipment that has not been inspected or has failed inspection shall be punished in accordance with the legal responsibilities stipulated in the first paragraph of this article. I. Legal responsibilities of special equipment business units for selling or leasing special equipment that was produced without a license, that has not been inspected or failed inspection, or **special equipment that has been ordered to be phased out or is already scrapped, or special equipment that has not been maintained in accordance with the requirements of safety technical specifications. Article 27, Paragraph 3 of this law prohibits the sale of special equipment produced without a license, special equipment that has not been inspected or failed inspection, or **special equipment that has been ordered to be phased out or is already scrapped. Article 28 stipulates that leasing units shall not lease special equipment that has been produced without a permit, or special equipment that has been explicitly ordered to be phased out and is already scrapped, as well as special equipment that has not been maintained in accordance with the requirements of safety technical specifications and has not undergone inspection or has failed such inspections. According to these two provisions, there are clear requirements for special equipment that may be put into use for sales and rental; failure to meet these requirements entails corresponding legal responsibilities. (1) Entities liable under law The entities liable for the legal responsibilities stipulated in Paragraph 1 of Article 82 are special equipment business operators, mainly including sales units and leasing units. Currently, the law does not require any qualifications or licenses for entities that sell or lease special equipment; however, all entities and individuals must carry out such sales and leasing activities in accordance with the law and **relevant regulations. (II) Illegal acts subject to legal liability The illegal acts that are subject to the legal liability specified in the first paragraph of this article can be divided into two categories: 1. Selling or leasing special equipment that has been produced without a permit, or that has not been inspected or has failed inspection. The manufacturers of these special equipment do not possess the qualifications required by law, or they have not passed the supervision inspections and regular tests mandated by law. Their manufacturing activities and the technical parameters of their products are not subject to the oversight of the authorities responsible for supervising the safety of such equipment; as a result, it is not guaranteed that these products meet the requirements of safety standards. This creates potential hazards for accidents, and once such equipment enters the market through sales or leasing, accidents are likely to occur. 2. Selling or leasing special equipment that has been explicitly ordered to be phased out and is already scrapped, or special equipment that has not been maintained in accordance with the requirements of safety technical specifications. **Special equipment that is explicitly designated for elimination refers to those whose safety performance and energy efficiency standards do not meet the requirements of relevant regulations and standards, and which are included in the **List of Special Equipment Products to Be Eliminated**. In accordance with the requirements of the Energy Conservation Law, a phase-out system is implemented for outdated special equipment products that consume excessive energy. Strict reviews will be conducted at various stages such as the design, manufacturing, inspection, and testing of special equipment, to ensure the implementation of the system for phasing out such equipment. Special equipment that has been scrapped refers to such equipment that was found to have serious defects during inspections and cannot be repaired, or whose design service life has expired and which, according to safety assessments, can no longer be used; such equipment is subject to mandatory scrapping. For products that have been scrapped, their continued use is not allowed to ensure safety. If special equipment is not maintained in accordance with the requirements of safety technical specifications, issues such as component aging, abnormal braking performance, and malfunctioning safety devices may arise, creating potential hazards for accidents. Those who sell or rent special equipment that has not been properly maintained should also be subject to appropriate penalties. (III) Forms of legal liability: For the illegal acts specified in the first paragraph of this article, the department responsible for the supervision and management of safety related to special equipment shall order the cessation of such business activities, that is, an end to sales and rentals, and at the same time confiscate the special equipment used in those illegal activities. A fine of not less than 30,000 yuan but not more than 300,000 yuan shall be imposed; if there are illegal gains, those gains shall also be confiscated. Where the aforementioned acts constitute the crime of selling counterfeit or substandard products or other crimes, criminal penalties shall be imposed in accordance with the law. II. Legal responsibilities regarding the failure of sales entities to establish systems for inspection, acceptance, and sales recording, or the failure to fulfill the obligation of providing prior notice in the case of imported special equipment. Article 27, Paragraph 2 of this law stipulates that entities that sell special equipment must establish systems for inspecting, accepting, and recording such equipment; this is an important element of the \"identification\" system in the safety management of special equipment. As an important link between the production and use of special equipment, sales play a crucial role; the inspection and acceptance procedures as well as sales records are essential for verifying the origin of the products and tracing relevant responsibilities. Therefore, laws establish corresponding legal obligations in this regard ； Paragraph 3 of Article 31 stipulates that when importing special equipment, it is mandatory to fulfill the reporting obligation to the department responsible for the safety supervision and management of special equipment in the place of import; this is a compulsory requirement for importing special equipment. Violating the above provisions shall result in the legal liability stipulated in the second paragraph of this article. (1) Entities liable under law The entities liable for the legal responsibilities stipulated in the second paragraph of this article are special equipment sales units, as well as entities and individuals that import special equipment. (II) Illegal acts subject to legal liability: 1. Sales entities that fail to establish systems for inspection, acceptance, and sales record-keeping. The items to be inspected and accepted should include design documents, product quality certification, instructions for installation, use, and maintenance, as well as relevant technical materials and documents such as supervision and inspection certificates. Sales records include information such as the types, names, and models of special equipment products, as well as the names and contact details of suppliers and purchasers. The retention period is determined in accordance with industry practices regarding the service life of such special equipment. Failing to establish these two systems means not only the absence of corresponding regulations or charters, but also the failure to implement them properly once they have been established. 2. The obligation to provide prior notification was not fulfilled for the import of special equipment. It should be emphasized that there are strict procedural requirements for fulfilling the obligation to inform: first, notification must be given in advance ； Second, it is necessary to inform the department responsible for the safety supervision and management of special equipment ； Third, it is necessary to inform the department responsible for the safety supervision and management of special equipment at the place of import. Failure to comply with these procedural requirements entails the legal liability stipulated in this article. (III) Forms of legal liability: Regarding the illegal acts stipulated in Paragraph 2 of this Article, the department responsible for the safety supervision and management of special equipment shall order corrections to be made, and impose a fine ranging from 10,000 yuan to 100,000 yuan. III. Legal responsibilities of special equipment manufacturing units for selling or delivering special equipment that has not been inspected or has failed inspection. Article 19 of this Law stipulates that special equipment manufacturing units shall ensure that such equipment meets the requirements of safety technical specifications and relevant standards, and shall be responsible for the safety performance of the special equipment they produce. An important measure to ensure safety performance is to undergo supervision and inspection. Article 21 of this Law further stipulates that when special equipment is shipped from the factory, it shall be accompanied by relevant technical materials and documents such as certificates of supervision and inspection. If a special equipment manufacturing unit sells or delivers the special equipment it has produced directly, it must ensure that such equipment has undergone supervision and inspection and passed the inspection; otherwise, it shall bear the legal responsibilities stipulated in this article. (1) Entities subject to legal liability The entity subject to the legal liability specified in Paragraph 3 of this article is the special equipment manufacturing unit. The reason why its legal liability is stipulated after that of the special equipment operating units in this article is that their activities of selling and delivering such equipment are essentially business activities. (II) Illegal acts subject to legal liability: Special equipment manufacturers that sell or deliver special equipment that has not been inspected or has failed inspection, where inspection refers to supervision inspection. Under normal circumstances, special equipment manufactured by special equipment production units cannot obtain an official inspection report unless it has been inspected and deemed qualified. For products that have not been inspected or have failed inspection, the using units and other receiving entities can, to a certain extent, curb the illegal activities of the manufacturing units by taking measures such as refusing to accept the goods. (III) Forms of legal liability: For the illegal acts specified in Paragraph 3 of this article, the law provides guidelines that establish the same legal liability for such general illegal acts as that applicable to entities engaged in the operation of special equipment. This ensures consistency in the legal assessment of such acts; namely, the department responsible for supervising and managing the safety of special equipment shall order such entities to cease their operations, confiscate the special equipment used in illegal activities, and impose a fine ranging from 30,000 yuan to 300,000 yuan ； Where there are illegal gains, such gains shall be confiscated. At the same time, taking into account the difference that special equipment manufacturing units possess production licenses while special equipment operating units generally do not have such qualifications, in cases where manufacturing units sell or deliver special equipment that has not been inspected or has failed inspection, and the circumstances are serious, their production licenses shall be revoked in accordance with the law. If the actions of special equipment manufacturing units constitute the crime of producing and selling counterfeit or substandard products or other crimes, criminal penalties shall be imposed in accordance with the law.