This causes trouble! - Lessons from Several Heavy Liability Accidents

祸从何来! 几起重责任事故的教训
Huo cong he lai! Ji qi zhong zeren shigu de jiaoxun
This causes trouble! - Lessons from Several Heavy Liability Accidents
1987, November
Liaoning minzu chubanshe (辽宁民族出版社)
52x38 cm.
BG D25/455

A set of safety production legal education wall charts was compiled and printed in 1987 to cooperate with the implementation of the instructions of the Party Central Committee, the National People's Congress Standing Committee and the State Council to overcome bureaucracy and strengthen safety production.

"Several Interim Provisions on the Investigation and Handling of Major Liability Accidents

In order to ensure the personal safety of employees, reduce national economic losses, and facilitate the smooth progress of reform and the construction of the four modernizations, in accordance with the relevant provisions of the 'Criminal Law of the People's Republic of China', the 'Criminal Procedure Law of the People's Republic of China' and the relevant labor protection and safety regulations issued by the State Council In accordance with the spirit of the supervision regulations, the following temporary regulations have been formulated in terms of investigating and handling major liability accidents.

1. Employees of factories, mines, forest farms, construction companies or other enterprises and institutions are dissatisfied with management, violate rules and regulations, or force workers to work in violation of regulations and take risks, resulting in serious casualty accidents, resulting in the death of one or more people or serious injuries to three people or more or major liability accidents causing major economic losses are cases directly accepted by the People's Procuratorate. Agencies, groups, enterprises, institutions and citizens have the right and obligation to file complaints and reports with the People's Procuratorate.

2. When major casualties occur in factories, mining enterprises and other units, they must report to the local people's procuratorate in addition to complying with the 'Reporting Regulations on Casualty Accidents of Workers and Employees' of the State Council.

3. Units where major casualty accidents occur should protect the scene; when it is necessary to move on-site objects to rescue the wounded and prevent the accident from expanding, they must make signs, take photos, record in detail, and draw accident scene maps: the scene of casualty accidents must be carefully inspected through the labor department and the People's Procuratorate or the accident investigation team, which must agree to clean up to ensure on-site investigation.

4. When the People's Procuratorate receives a report of a major casualty accident or a notice from the labor department, it shall promptly dispatch personnel to participate in the investigation of the major casualty accident.

5. When the People's Procuratorate participates in the accident investigation, in order to complete necessary evidence collection work in a timely manner and in accordance with the law, when it requests necessary supplementary investigation and technical appraisal matters, the accident investigation team shall provide supplementary investigation and technical appraisal.

6. The accident investigation team shall make conclusions on the nature and main causes of the serious casualty accident, and provide handling opinions to the persons primarily responsible for the accident.

7. On the basis of the accident investigation, the People's Procuratorate shall promptly file a case for investigation in a major liability accident case where it believes that there are criminal facts that require criminal liability.

8. For major liability accidents where the People’s Procuratorate has not participated in the investigation and which have been transferred by the labor department or has been complained about by other agencies, groups, enterprises, institutions and citizens, the People’s Procuratorate should promptly review and make a decision on whether to file a case. If it is decided not to file a case, the reasons should be stated and the labor department or the complaining unit and individual should be notified in writing.

9. When investigating and handling cases of major accidents, the People's Procuratorate must not only pursue the criminal liability of employees who are responsible for the crime of major accidents, but also investigate the criminal liability of state functionaries who are guilty of dereliction of duty.

10. The People's Procuratorate may seek the opinions of the labor department when handling major liability accident cases.

11. If the labor department and the People's Procuratorate have major differences with relevant parties or encounter difficulties and resistance in determining the nature of a major casualty accident and the main responsible person, they should report it to their respective superior leadership agencies for support and resolve.

12. In cases where the People's Procuratorate makes a decision to exempt from prosecution in accordance with the law, when handing the 'Decision to Exempt from Prosecution' to the defendant's unit, it should also make recommendations for disciplinary sanctions against the defendant.

13. No agency or unit can substitute financial penalties for criminal penalties for those who commit the crime of major liability accidents or dereliction of duty in major casualty accidents; nor can they substitute party or government disciplinary sanctions for legal punishment.

14. For major liability accidents, if factories, mining enterprises and other units conceal or fail to report, make false reports or intentionally delay reporting, resulting in certain consequences, the labor department and the People's Procuratorate should recommend that the relevant units impose disciplinary sanctions or economic sanctions on the relevant responsible personnel. If the circumstances and consequences are serious, the People's Procuratorate will investigate the legal liability.

15. The People’s Procuratorate and the labor department should select typical cases and deal with them publicly, adopt various forms and methods to strengthen legal publicity, and educate state workers and workers to abide by the law.

16. When investigating and handling major liability accidents, if the People’s Procuratorate discovers loopholes or hidden dangers in the management of factories, mining enterprises and other units, it should put forward corrective opinions or issue 'Procuratorial Recommendations' to prevent the occurrence of accidents.

17. When the labor department convenes a meeting to study major casualty accidents, it may notify the local People's Procuratorate to send personnel to participate.

18. Labor departments at all levels and the People’s Procuratorate should communicate the situation in a timely manner and strengthen contact. The labor department's major casualty briefings and regular accident statistics and analysis can be copied to the local People's Procuratorate at the same time as they are reported. The People's Procuratorate must proactively cooperate with the labor department to carry out safety supervision work."

As of 25 February 2002, these Provisions are no longer in force.

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