Prosecutorial organs have held 164 individuals criminally responsible for major and extremely serious accidents over the past three years

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The Supreme Procuratorate sent personnel to investigate all 13 major accidents. ● From 2013 to 2016, 13 major accidents related to work safety occurred across the country; these accidents resulted in 918 deaths and direct economic losses amounting to 9.4 billion yuan. ● Over those three years, procuratorial authorities held 164 people accountable for criminal responsibilities related to these major accidents, including 8 officials at or above the departmental level. After each “extraordinarily serious accident,” it has become standard practice for the Supreme Procuratorate to send personnel to conduct investigations promptly. In recent years, how has the overall involvement of procuratorial organs across the country in accident investigations been? What are the difficulties in investigating dereliction-of-duty crimes underlying these accidents? Reporters have compiled a list of typical accidents over the past three years and interviewed prosecutors handling such cases, to bring you the answers. 　　Revealing loopholes in the regulatory system: The catastrophic \"December 20 Shenzhen landslide\" resulted in 73 deaths, 4 people missing, 17 injuries, and direct economic losses of nearly 900 million yuan. This extremely serious landslide disaster was classified by the State Administration of Work Safety and the Ministry of Land and Resources as an accident caused by human error. 　　After more than 200 days and nights of investigation over 30 weeks, the investigation team of the State Council for the severe \"December 20 Shenzhen landslide\" accident released its findings to the public on July 15, while also informing the public about the actions taken against those held responsible. The 25 suspects involved in the incident, who are suspected of committing crimes such as abuse of power, dereliction of duty, bribery, and offering bribes, have been placed under investigation by procuratorial authorities, and relevant compulsory measures have been taken against them. 　　Going back to 11:42 on December 20, 2015, a severe landslide occurred suddenly in the Hengtaiyu Industrial Park in Fenghuang Community, Guangming New District, Shenzhen City, Guangdong Province. An explosion took place in the nearby West-East Gas Pipeline, and as a result of a chain reaction, a violent explosion also occurred at the gas station located nearby. Twenty factories situated around the area affected by the landslide collapsed to varying degrees almost instantly; many people were trapped at the accident site, creating a tragic scene. 　　This particularly severe landslide disaster, which resulted in 73 deaths, 4 people missing, 17 injuries, and direct economic losses of nearly 900 million yuan, was classified by the State Administration of Work Safety and the Ministry of Land and Resources as an accident caused by human error. The investigation report indicates that the landslide disaster was a safety-related accident caused by the sliding of a waste pile at the disposal site. The sludge and waste disposal site is primarily used for storing construction debris and other waste materials. Due to the large volume of waste and the excessively steep slope of the pile, it became unstable and collapsed, resulting in the collapse of multiple buildings. Clearly, this was not a mountain landslide; therefore, it does not qualify as a natural geological disaster. 　　The “8·12” major accident at Tianjin Port last year resulted in 173 deaths and missing persons, with economic losses amounting to nearly 7 billion yuan. The “12·20” massive landslide in Shenzhen also caused economic losses of nearly 900 million yuan. 　　**Yang Huaning, head of the State Administration for Work Safety, said at a press conference held by the State Council Information Office on July 28: “Such a major accident has a profound impact on the public’s sense of safety; so many lives were lost in an instant.” These major accidents also revealed, to a greater extent than ordinary accidents, the loopholes in the institutional mechanisms and legal framework for work safety supervision, as well as the weaknesses in basic groundwork. ”Yang Huaning also noted that from 2012 to 2015, the total number of severe accidents decreased from 59 to 38. However, during the same period, the number of deaths resulting from each such severe accident increased from 15.6 to 20.2. The severe accidents that occurred in 2015 were particularly catastrophic in terms of their impact. 　　A review of the data from 2013 to the present shows that over these three years, there were 13 major accidents in the country; these accidents resulted in 918 deaths, with direct economic losses amounting to 9.4 billion yuan, causing severe social harm and negative impacts. 　　In accordance with the Regulations on the Reporting, Investigation and Handling of Production Safety Accidents issued by the State Council in 2007, accidents are generally classified into four categories – extremely serious accidents, serious accidents, relatively serious accidents, and ordinary accidents – based on the number of casualties or the direct economic losses caused by the production safety accidents. An accident with 10 to 30 deaths, 50 to 100 serious injuries, or direct economic losses ranging from 50 million to 100 million yuan is defined as a \"major accident\"; whereas an accident with 30 or more deaths, 100 or more serious injuries, or direct economic losses of over 100 million yuan is defined as a \"particularly major accident\". 　　Relevant officials from the State Council have repeatedly emphasized in recent years that efforts to curb major and severe accidents should continue to be regarded as the key approach to preventing all types of accidents and to strengthening the foundations of work related to safety production, with a focus on avoiding such major and severe accidents that result in large numbers of casualties, cause serious social impacts, and attract significant public attention. Yang Huaning, head of the State Administration of Work Safety, also told reporters that \"if preventive measures are properly implemented, they will not only help to prevent serious and major accidents, but will also help to curb ordinary and relatively severe accidents. Moreover, they will contribute to strengthening the institutional framework, the rule of law, and infrastructure related to work safety.\" ” 　　Prosecutorial organs intervene in investigations in accordance with the law. The “three-level coordination” or even “four-level coordination” among prosecutorial organs in participating in accident investigations has become a new characteristic of how prosecutorial organs get involved in investigations of major and extremely serious accidents. Since 2013, whenever particularly grave safety accidents occur, the Supreme People’s Procuratorate has fully exercised its functions of case investigation and legal supervision by promptly dispatching personnel to the scene to engage in relevant work such as investigating liability for the accidents and collecting evidence. The head of the Office for Investigating Major and Serious Accidents at the Anti-Corruption Bureau of the Supreme People’s Procuratorate said, “In recent years, it has become inevitable and normal for procuratorial authorities to get involved in the investigation of major safety-related accidents simultaneously.” ” 　　It is not difficult to see that after a “particularly serious accident” occurs, it has become a standard procedure for the Supreme People’s Procuratorate to promptly dispatch personnel to conduct an investigation. As is customary, after a particularly serious accident occurs, the State Council invites the Supreme People’s Procuratorate to form an investigation team; the Supreme People’s Procuratorate then promptly dispatches personnel to the scene to participate in the investigation. 　　In the event of a disaster that does not reach the level of a \"particularly serious accident\" but does fall under the category of a \"serious accident\", the Supreme Procuratorate implements a supervision system, urging provincial procuratorial authorities to investigate the causes and responsibilities behind such accidents. When major accidents have severe social consequences, the Supreme Procuratorate also sends officials to the scene in person to participate in or oversee the investigation of such accidents. “Whether to send personnel directly to conduct on-site investigations requires the Supreme Procuratorate to conduct a comprehensive assessment based on various factors such as the social impact of the accident and the difficulty of carrying out the investigation. ”A staff member from the Anti-Corruption Bureau of the Supreme Procuratorate said so. 　　On August 12, 2015, a fire and explosion occurred at the hazardous materials warehouse of Ruihai Company in Binhai New Area, Tianjin. On August 17, as part of the preliminary investigation into the accident, the Second Bureau of the Anti-Corruption Bureau of the Supreme People’s Procuratorate formed a special procuratorial investigation team together with relevant personnel from the Tianjin Procuratorate to launch a comprehensive investigation into the incident. The members of the task force included leaders and staff from four levels of procuratorial agencies, such as the Supreme People’s Procuratorate, the Tianjin Procuratorate, the Second Branch of the Tianjin Procuratorate, the Binhai New Area Procuratorate, and the Tanggu Procuratorate in the Binhai New Area. Members of the four-level procuratorial organs jointly analyze and study measures for procuratorial involvement in accident investigations, promptly collect relevant evidentiary materials, and strictly investigate any suspected duty-related crimes associated with the accidents in accordance with the law. 　　The participation of procuratorial organs in accident investigations through “three-level coordination” or even “four-level coordination” has become a new characteristic of how procuratorial organs get involved in the investigation of major and extremely serious accidents. In recent years, “multi-department involvement” and “cross-regional coordination” have also been frequently employed in the investigation of various accidents, such as traffic accidents and pipeline explosions. “The formation of accident investigation teams composed of multi-level procuratorial agencies and inter-regional procuratorial agencies will help strengthen the organizational structure and resources for handling cases, enable more thorough planning and decision-making regarding investigations, clarify the division of responsibilities, and enhance external coordination. ”The head of the Office for Investigating Serious and Major Accidents at the Anti-Corruption Bureau of the Supreme People’s Procuratorate told reporters. 　　Professor Mo Yuchuan from the Law School of Renmin University of China said in an interview with reporters, “In recent years, the involvement of procuratorial organs in investigating major and extremely serious accidents has been different from the past. Previously, in China, investigations into major liability-related accidents were conducted by investigation teams formed under the initiative of the State Council. After determining the nature of the accident and identifying those responsible, the individuals suspected of committing crimes would be referred to judicial authorities.” However, following several recent major accidents, there has been no news of any relevant responsible persons being disciplined by administrative authorities. In contrast, the procuratorial organs took the initiative to announce their decision to launch an investigation into those responsible for the accidents and to take compulsory measures against them. This is clearly a progress in the rule of law, shifting from intervention after the fact to simultaneous intervention. ”Professor Mo Yuchuan believes that simultaneous involvement in the investigation of major accidents can effectively prevent malfeasance and cover-ups that may arise from pursuing administrative actions before judicial proceedings, thereby minimizing the opportunities for fraud. 　　At a press conference held by the Supreme People’s Court and the Supreme People’s Procuratorate at the end of last year, a responsible official from the Supreme People’s Procuratorate explained that the crimes related to dereliction of duty in cases of work safety accidents currently exhibit three main characteristics. First, the industries involved are quite specific; they mainly include eight sectors such as transportation, explosives, fire protection, hazardous chemicals, mining, environment, food and drugs, and construction. Cases from these eight sectors account for 80% of all registered cases. Second, the functional departments involved are relatively concentrated, primarily including administrative agencies and law enforcement departments responsible for work safety supervision and management, coal mining administration, construction, transportation, public security, and land management. These departments account for nearly half of all suspects under investigation. Third, each major accident results in extremely severe consequences, with a high number of deaths and huge direct economic losses. 　　Strict investigation into dereliction of duty crimes related to accidents Since 2013, the Supreme Procuratorate has intervened in all 13 particularly serious work safety accidents that occurred across the country; a total of 164 persons have been held criminally responsible, including 8 officials at or above the department level. 　　According to a document provided to journalists by the Second Bureau of the Anti-Corruption Department under the Supreme People’s Procuratorate, in recent years the crimes associated with serious and major accidents have mainly fallen into two categories: crimes of dereliction of duty and abuse of power, and crimes of corruption and bribery. Among the crimes of dereliction of duty, which account for over 90% of such crimes, the most common ones are negligence in duty, abuse of authority, bending the law for personal gain, and failure to properly supervise environmental conditions. Of these, negligence in duty constitutes the largest proportion, at 85.9%. 　　“Whenever a major accident occurs, the suspected cases of duty-related crimes committed by some **government officials become a focus of attention. As the legal oversight body, the procuratorial authorities participate in the investigation of major and serious accidents simultaneously, which helps to assist and supervise the relevant departments in their work. It also enables them to obtain evidence related to crimes of dereliction of duty at an early stage, thereby facilitating the resolution of such cases and ensuring that those responsible for dereliction of duty behind such accidents are severely punished. ”Dai Zhongchuan, a deputy to the National People’s Congress and deputy dean of the Law School at Huaqiao University, told reporters. “It is hoped that the procuratorial authorities will further institutionalize and standardize this practice, strengthen supervision, and enhance its effectiveness, so as to play a more active and significant role in investigating and preventing safety accidents as well as the duty-related crimes behind them. ” 　　“Most of the individuals involved in these cases are those at or below the section level and those with no administrative rank; thus, it is quite difficult for procuratorial organs to hold them accountable. However, with the improvement in the political environment in recent years, the strengthening of the responsibility system for judicial cases, and the increased involvement of procuratorial agencies in accident investigations, the situation of low rates of convictions and sentences has improved significantly. The pursuit of accountability for many accidents has become more open and transparent, and the scope of those held accountable is also expanding gradually. For example, in last year’s Tianjin Port explosion incident, procuratorial authorities held seven leading officials at or above the department level criminally liable for dereliction of duty. These included Wu Dai, Director of the Tianjin Municipal Transportation Commission; Li Zhigang, former Deputy Director of the Tianjin Municipal Transportation and Port Administration Bureau; and Gao Huaiyou, Deputy Director of the Tianjin Work Safety Supervision Bureau. In the recently reported landslide incident in Shenzhen, one department-level official was also held criminally responsible—a occurrence that is quite rare in the past. ”A relevant official from the Office for Investigating Serious and Major Accidents under the Anti-Corruption Bureau of the Supreme People’s Procuratorate told reporters. 　　It is equally indispensable to establish and improve mechanisms for coordination and cooperation between procuratorial organs and other judicial and administrative organs. In 2006, the Supreme Procuratorate, together with the Ministry of Supervision and the **State Administration of Work Safety, issued the \"Interim Provisions on Strengthening Coordination and Cooperation between Administrative Agencies and Procuratorial Organs in the Investigation and Handling of Major Liability Accidents\"; at the end of last year, the Supreme People’s Court, in conjunction with the Supreme People’s Procuratorate, issued the \"Interpretations of the Supreme People’s Court and the Supreme People’s Procuratorate on Several Issues Concerning the Application of Law in Handling Criminal Cases of Dereliction of Duty\". “Strengthening inter-departmental coordination and judicial interpretation will provide robust legal safeguards for the effective investigation and handling of major and extremely serious safety liability accidents. ”A staff member from the Anti-Corruption Bureau of the Supreme Procuratorate told reporters. 　　The reporter learned that since 2013, in the 13 particularly serious work safety accidents that occurred across the country, the Supreme Procuratorate has dispatched personnel to investigate each case; a total of 164 people have been held criminally responsible, including 8 officials at or above the department level. The thorough investigations conducted by the prosecution authorities not only ensure that any acts of dereliction of duty or corruption underlying an accident are investigated and dealt with in accordance with the law, but also serve to provide a responsible account to the families of the victims and to society. This helps to **strengthen and advance efforts to address the flaws in safety measures, identify potential hazards, and prevent serious accidents, thus enabling the prosecution authorities to fulfill their role in legal oversight. 　　“In recent years, every major industrial safety accident has served as a painful lesson learned at the cost of blood and lives. Yet, in the next major industrial safety accident, those same lessons are once again proven true through more bloodshed and loss of life, thus creating a vicious cycle. ”A responsible official from the Office for Investigating Serious Accidents under the Anti-Corruption Bureau of the Supreme People’s Procuratorate said that to reduce and prevent the occurrence of serious liability accidents, it is essential to firmly establish a sense of the \"red lines,\" strengthen the primary responsibilities of operators, the supervision duties of those in charge of regulation and law enforcement, as well as the local authorities’ responsibility for overseeing such matters, and to earnestly implement laws and regulations related to work safety. The procuratorial authorities will continue to fulfill the duties entrusted to them by law, strictly investigate cases of dereliction of duty and other official crimes related to these accidents in accordance with the law, and play a vital role in ensuring the continuous and stable improvement of safety production conditions.