[Interpretation of the Special Equipment Safety Law] Article 8**

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Article 88: Those who, in violation of the provisions of this Law, engage in elevator maintenance without permission shall be ordered to cease such illegal activities and shall be fined not less than 10,000 yuan but not more than 100,000 yuan； If there are illegal gains, such gains shall be confiscated. If the elevator maintenance unit fails to carry out elevator maintenance in accordance with the provisions of this law and the requirements of safety technical specifications, it shall be punished in accordance with the provisions of the preceding paragraph. Interpretation of the provision: This article addresses the legal responsibilities of elevator maintenance companies that carry out elevator maintenance work without permission, or that fail to conduct such maintenance in accordance with the provisions of this law and the requirements of safety technical standards. Paragraphs 1 and 2 of Article 45 of this Law stipulate that the maintenance of elevators shall be carried out by the elevator manufacturer or by a unit licensed under this Law to perform installation, modification, or repair work. The elevator maintenance unit shall strictly comply with the requirements of safety technical specifications during maintenance, ensure the safety performance of the elevators being maintained, and be responsible for implementing on-site safety measures to guarantee construction safety. Article 18 stipulates that **a licensing system shall be implemented for the production of special equipment in accordance with the principle of classified supervision and management. Special equipment manufacturing units may engage in production activities only upon permission from the department responsible for the safety supervision and management of special equipment. The maintenance of elevators shall, in accordance with the law, be carried out by licensed manufacturers, installers, renovators, and repairers in compliance with the provisions of this law as well as the requirements of safety technical standards; otherwise, the relevant responsible persons shall bear corresponding legal responsibilities in accordance with the provisions of this law. I. Subjects liable under law This article consists of two paragraphs; the subject liable for legal responsibility as specified in the first paragraph is any citizen, legal person, or other organization that carries out elevator maintenance work without permission ； The entities liable for the legal responsibilities stipulated in the second paragraph are those that legally possess the qualifications for elevator maintenance, namely elevator manufacturers and those installation, modification, and repair entities that have obtained permits in accordance with this law. II. Illegal acts subject to legal liability (1) Citizens, legal persons, and other organizations other than elevator manufacturing units and those authorized under this law to carry out installation, modification, or repair work engaging in elevator maintenance without permission. The maintenance of elevators requires a high level of professionalism, as it is related to the safety of people’s lives and property. In practice, some users, for economic reasons, employ unqualified maintenance units to service elevators in order to save costs, which poses a risk to the safety of these elevators. Therefore, this law stipulates that the maintenance of elevators must be carried out by entities that have obtained the appropriate permits; engaging in elevator maintenance without such permits constitutes an illegal act as specified in this article. (II) The elevator maintenance unit fails to carry out elevator maintenance in accordance with the provisions of this Law and the requirements of safety technical specifications. Here, failing to comply with the provisions of this Law refers to failing to comply with the relevant provisions of Paragraphs 2 and 3 of Article 45 of this Law. Paragraphs 2 and 3 of Article 45 of this Law stipulate that the elevator maintenance unit shall strictly comply with the requirements of safety technical specifications during maintenance, ensure the safety performance of the elevators it maintains, and be responsible for implementing on-site safety protection measures to guarantee construction safety. The elevator maintenance company shall be responsible for the safety performance of the elevators it maintains ； Upon receiving a fault notification, one should immediately go to the scene and take necessary emergency rescue measures. If the elevator maintenance company fails to carry out maintenance in accordance with the requirements of safety technical specifications, it can also create potential hazards that may lead to accidents, and in severe cases, actual accidents may occur. Therefore, legal responsibility must be held accountable for those who do not carry out maintenance in accordance with the requirements of safety technical specifications. III. Forms of legal liability This provision specifies the administrative legal liabilities that the offender must bear, which include three aspects: (1) An order to cease the illegal act. Ordering the cessation of illegal acts refers to requiring the person who has committed such acts to immediately stop the actions that are in violation of legal requirements. Specifically in regard to this provision, ordering the cessation of illegal activities means requiring citizens, legal persons, and other organizations other than elevator manufacturers and those who have obtained permits under this law to carry out installation, modification, or repair work to immediately stop carrying out maintenance on elevators; it also means requiring elevator maintenance units to immediately cease any maintenance activities that are not carried out in accordance with the provisions of this law and the requirements of safety technical regulations. Similar to ordering corrections or requiring the rectification of illegal acts within a specified time frame, ordering the cessation of illegal acts demands that such unlawful actions be stopped; it is a requirement for the person who has committed the illegal act to put an end to that illegal situation. It does not carry a punitive nature, and therefore does not constitute an administrative penalty. (II) Fines. In addition to ordering the person who has committed the illegal act to cease such behavior, administrative penalties in the form of fines shall also be imposed on them in cases covered by this provision. The amount of the fine ranges from 10,000 yuan to 100,000 yuan; the specific amount is determined by the authority responsible for imposing the fine, taking into account factors such as the duration, nature, severity, and consequences of the illegal acts committed by citizens, legal persons, and other organizations that carry out elevator maintenance without permission, as well as by those elevator maintenance units that fail to carry out maintenance in accordance with the provisions of this law and relevant safety standards. (III) Confiscation of illegal gains. Here, illegal gains refer to the property obtained by citizens, legal persons, and other organizations that carry out elevator maintenance without permission, as well as by legitimate elevator maintenance companies that fail to carry out such maintenance in accordance with the provisions of this law and the requirements of safety technical standards. The property obtained by the perpetrator shall be compulsorily and gratuitously returned to the state ； For those who committed the aforementioned illegal acts but did not obtain any property as a result, it is naturally impossible to impose an administrative penalty of confiscating the illegal gains.