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[Interpretation of the Special Equipment Safety Law] Article 95

2022-04-20View Original

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Article 95: Where any entity engaged in the production, operation, or use of special equipment, or any inspection and testing institution violates the provisions of this Law by refusing to submit to supervision and inspections conducted lawfully by the department responsible for the safety supervision and management of special equipment, it shall be ordered to make corrections within a specified time limit; If the violation is not corrected within the prescribed time, the party shall be ordered to suspend operations for rectification, and shall be fined not less than 20,000 yuan but not more than 200,000 yuan. Units that produce, operate, or use special equipment shall be ordered to make corrections if they arbitrarily use, exchange, transfer, or damage the sealed or seized special equipment or its main components, and shall be fined not less than 50,000 yuan but not more than 200,000 yuan ; In severe cases, the production license shall be revoked and the registration certificate for the use of special equipment shall be cancelled. Interpretation of the provision: This article stipulates the legal responsibilities for entities involved in the production, operation, and use of special equipment, or for inspection and testing agencies that refuse to comply with supervision and inspections carried out in accordance with the law. It also covers the cases where such entities improperly use, exchange, transfer, or damage sealed or seized special equipment or its key components. I. Legal liabilities for entities responsible who refuse to undergo supervision and inspection. The first paragraph stipulates the legal liabilities for entities involved in the production, operation, or use of special equipment, or for inspection and testing agencies, that refuse to accept the supervision and inspection carried out by the authorities responsible for overseeing the safety of such equipment in accordance with the law. This law specifically includes a chapter on “supervision and management”. It stipulates that the departments responsible for the safety supervision and management of special equipment shall, in accordance with the provisions of this law, carry out supervision and inspection over entities engaged in the production, operation, and use of such equipment, as well as over inspection and testing institutions. When performing their duties of supervision and inspection in accordance with the law, the departments responsible for the safety supervision and management of special equipment may exercise the following powers: First, they may enter the site for inspections, and inquire with the principal persons in charge and other relevant personnel of special equipment manufacturers, operators, users, as well as inspection and testing institutions to gather relevant information ; Second, based on reports or evidence of potential violations obtained, examine and copy relevant contracts, invoices, account books, and other related documents of special equipment production, operation, and use units, as well as inspection and testing institutions ; Third, seal up and seize special equipment for which there is evidence indicating that it does not meet the requirements of safety technical specifications or poses serious accident risks ; Fourth, seal up and seize special equipment in the circulation market that meets the scrapping criteria or has already been scrapped ; Fifth, to issue administrative penalty decisions for acts that violate the provisions of these regulations. The aforementioned provisions grant the departments responsible for the safety supervision and management of special equipment the authority to carry out supervision and management, as well as the corresponding power to impose administrative penalties. The departments responsible for the safety supervision and management of special equipment shall perform their duties in accordance with the provisions set out in this Law. Consequently, as the counterparts in administrative management, units responsible for the production, operation, and use of special equipment, as well as inspection and testing agencies, are obliged to cooperate with the departments in charge of supervising and managing the safety of such equipment to carry out inspections and supervision. In accordance with the provisions of this paragraph, if a unit engaged in the production, operation, or use of special equipment, or an inspection or testing institution, violates the provisions of this Law by refusing to accept the supervision and inspections carried out in accordance with the law by the department responsible for the safety supervision and management of special equipment, it shall be ordered to make corrections within a specified time limit ; If the violation is not corrected within the prescribed time, the party shall be ordered to suspend operations for rectification, and shall be fined not less than 20,000 yuan but not more than 200,000 yuan. The entities held liable for the illegal acts specified here are the units responsible for the production, operation, and use of special equipment, or the inspection and testing institutions. The entity responsible for administrative law enforcement is the department in charge of the safety supervision and management of special equipment. The penalty is to order rectification within a specified time limit ; If the violation is not corrected within the prescribed time, the party shall be ordered to suspend operations for rectification, and shall be fined not less than 20,000 yuan but not more than 200,000 yuan. It should be noted that no fine is prescribed for orders to make corrections within a specified time frame, reflecting that the purpose of such penalties is to correct illegal acts. Order to suspend operations for rectification, and impose a fine as a “requirement to make corrections within a specified time frame” ; “Failure to make corrections by the deadline” is a prerequisite. II. Legal liabilities of the responsible parties for arbitrarily using, transferring, moving, or damaging seized or confiscated special equipment or its main components. Paragraph 2 stipulates the legal liabilities of entities that produce, operate, or use special equipment for arbitrarily using, transferring, moving, or damaging such equipment or its main components that are seized or confiscated. In accordance with the provisions of this law, the departments responsible for the supervision and management of the safety of special equipment have the right to seal up or seize such equipment when performing their supervision and inspection duties in accordance with the law, if there is evidence indicating that it does not meet the requirements of safety technical specifications or poses serious risks of accidents ; There is the authority to seal up and seize special equipment that has reached the end of its useful life or has already been scrapped and is in the flow market. The responsible entities shall cooperate with the departments in charge of the safety supervision and management of special equipment. To ensure the effective implementation of supervision and management, it is necessary to establish corresponding legal responsibilities. In accordance with the provisions of this paragraph, if entities engaged in the production, operation, or use of special equipment misuse, exchange, transfer, or damage such equipment or its main components that have been sealed up or seized, they shall be ordered to make corrections and fined not less than 50,000 yuan but not more than 200,000 yuan ; In severe cases, the production license shall be revoked and the registration certificate for the use of special equipment shall be cancelled. The entities held liable for the illegal acts specified here are the units responsible for the production, operation, and use of special equipment. The entity responsible for administrative law enforcement is the department in charge of the safety supervision and management of special equipment. There are two levels of penalties: the first is an order to make corrections, accompanied by a fine of not less than 50,000 yuan but not more than 200,000 yuan. “\"Ordering correction\" is an action taken by administrative law enforcement authorities to compel the party responsible for the illegal act to cease or rectify that act, thereby transforming the illegal situation into a legal one. “„Ordering corrections\" is remedial in nature, not punitive, and is not a form of assuming legal responsibility. A fine is imposed alongside an order to make corrections here because the nature of the illegal act is serious, and the fine serves as a punitive measure. Second, in cases of serious circumstances, the production license shall be revoked and the registration certificate for the use of special equipment shall be cancelled. In accordance with the provisions of this law, a licensing system is implemented for the production of special equipment **in line with the principle of classified supervision and management. Production units of special equipment must meet the statutory requirements and obtain permission from the department responsible for the safety supervision and management of special equipment before they can engage in production activities. The entity using special equipment shall, either before the equipment is put into use or within 30 days after its deployment, register its use with the department responsible for the safety supervision and management of such equipment in order to obtain a registration certificate. The registration mark shall be placed in a prominent position on such special equipment. The production license and the special equipment use registration certificate are important qualification certificates for special equipment manufacturing units and special equipment using units. Revoking the production license and canceling the registration certificate for the use of special equipment are penalties for serious illegal acts.

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