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[Interpretation of the Special Equipment Safety Law] Article 91

2022-04-11View Original

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Article 91: Where the principal person in charge of a unit responsible for an accident fails to perform his duties as required by law or fails to fulfill his leadership responsibilities, a fine shall be imposed in accordance with the following provisions; Those who are **staff members shall be subject to sanctions in accordance with the law: (1) In the event of a minor accident, a fine of 30 percent of their annual income from the previous year shall be imposed ; (II) In the event of a major accident, a fine of 40 percent of the annual income of the previous year shall be imposed ; (3) In case of a major accident, a fine equivalent to 60% of the annual income from the previous year shall be imposed. Interpretation of the provision: This article deals with the legal responsibilities imposed on the principal persons in charge of entities responsible for accidents involving special equipment, in cases where they fail to fulfill their duties as required by law or bear leadership responsibilities. In accordance with the provisions of Paragraph 1, Article 13 of this Law, the principal persons in charge of entities engaged in the production, operation, and use of special equipment shall be fully responsible for the safety of such equipment within their respective entities. If the person in charge of a unit that produces, operates, or uses special equipment fails to fulfill his or her safety management responsibilities as required by law, thereby causing an accident involving such equipment, legal liability shall be imposed on him or her in accordance with the provisions of this article. Furthermore, even if the person in charge has fulfilled their safety management duties in accordance with the law, if their organization is responsible for an accident involving special equipment, that person in charge shall also assume corresponding leadership responsibilities. In accordance with the provisions of this article, the principal person in charge of a unit responsible for an accident shall first be fined. In the event of a minor accident, a fine of 30 percent of the annual income from the previous year shall be imposed ; In case of a major accident, a fine equivalent to 40% of the previous year’s annual income shall be imposed ; In case of a major accident, a fine equivalent to 60% of the previous year’s annual income shall be imposed. The fine is based on the individual’s annual income from the previous year, with a specific rate determined according to the severity of the accident. Among them, the income from the previous year refers to the wages and salaries earned in that previous year, as verified by the financial and tax authorities. This includes wages, salaries, bonuses, year-end raises, labor dividends, allowances, subsidies, as well as other earnings related to employment or work for entities responsible for special equipment accidents. It should be clear that the amount of the fine is a specific percentage of the previous year’s income, with no room for discretion. There is no fixed amount specified for fines here, mainly because, with the development of the market economy, there has been a clear trend toward diversification among market entities. The units responsible for the production, operation, and use of special equipment have evolved from being primarily state-owned and collective enterprises to a situation where state-owned enterprises, joint-stock companies, private enterprises, foreign-invested enterprises, and individual businesses coexist. Among enterprises with different organizational structures, there are significant, even substantial, differences in the earnings of their key executives. If a fixed amount of fine is set, it has virtually no impact on the top executives of high-income organizations, failing to serve the deterrent and punitive purpose that fines are meant to have; meanwhile, such fines may be unaffordable for the top executives of organizations with lower incomes. Therefore, it is more scientific and reasonable for this provision to impose a fine at a certain percentage of the annual income of the previous year. At the same time, the penalty rate is relatively high, with a maximum fine of 60 percent of the individual’s annual income from the previous year, reflecting the approach of imposing stricter penalties. The provisions regarding fines in this article directly link the severity level of an accident to the amount of the fine. This represents a certain degree of innovation and embodies the principle that consequences should be commensurate with responsibilities. The fundamental purpose is to urge the principal persons in charge of entities engaged in the production, operation, and use of special equipment to strictly fulfill their duties regarding the safety management of such equipment in accordance with the law, thereby preventing and reducing accidents. Secondly, if the person in charge of the entity responsible for an accident involving special equipment is a **staff member, in addition to the administrative penalty of a fine as mentioned above, they shall also be subject to sanctions in accordance with the types and procedures stipulated by relevant laws and administrative regulations. The specific types of sanctions include warnings, reprimands, serious reprimands, demotions, removal from office, and dismissal. Here, **the staff mainly refer to** those assigned by government agencies to work in enterprises and institutions. In addition, the legal responsibilities for particularly serious accidents shall be implemented in accordance with the regulations of the State Council.

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