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Opinions of the Ministry of Emergency Management on Strengthening the Work of Safety Production Law Enforcement
Opinions of the Ministry of Emergency Management on Strengthening the Work of Safety Production Law EnforcementOpinions of the Ministry of Emergency Management on Strengthening the Work of Safety Production Law EnforcementEmergency [ 2021 ] No.
Emergency [ 2021 ] No.
China Earthquake Administration, National Mine Safety Supervision Bureau, emergency management departments (bureaus) of all provinces, autonomous regions, and municipalities directly under the Central Government, Xinjiang Production and Construction Corps Emergency Management Bureau, Ministry of Fire and Rescue Bureau, Forest Fire Bureau, various departments and bureaus of the Ministry, National Work Safety Emergency Rescue center:
In order to strengthen the work of safety production law enforcement, improve the ability and level of using legal thinking and legal methods to solve safety problems, effectively prevent and resolve safety risks, eliminate hidden accidents, and effectively maintain the safety of people's lives and property and social stability, and promote the realization of greater safety According to the “Opinions on Deepening the Reform of Comprehensive Administrative Law Enforcement for Emergency Management” issued by the General Office of the Central Committee of the Communist Party of China and the General Office of the State Council, the principle requirements of “Strengthening Work Safety Law Enforcement and Effectively Prevent and Contain Production Safety Accidents” are hereby proposed as follows opinion:
In order to strengthen the work of safety production law enforcement, improve the ability and level of using legal thinking and legal methods to solve safety problems, effectively prevent and resolve safety risks, eliminate hidden accidents, and effectively maintain the safety of people's lives and property and social stability, and promote the realization of greater safety According to the “Opinions on Deepening the Reform of Comprehensive Administrative Law Enforcement for Emergency Management” issued by the General Office of the Central Committee of the Communist Party of China and the General Office of the State Council, the principle requirements of “Strengthening Work Safety Law Enforcement and Effectively Prevent and Contain Production Safety Accidents” are hereby proposed as follows opinion:1.
1.
Guided by Xi Jinping’s Thoughts on Socialism with Chinese Characteristics for a New Era, earnestly study and implement Jinping’s thoughts on the rule of law and General Secretary Xi Jinping’s important expositions on safe production, improve political positions, coordinate development and safety, adhere to the people’s supremacy, life supremacy, and establish perfect and innovative Scientific and efficient production safety law enforcement systems and mechanisms that are compatible with development stages, new development concepts, and new development patterns.
2.
(1) Clear level responsibilities.
(2) Scientifically determine key inspection enterprises.
(3) Focus on key items of law enforcement inspection.
3.
(4) Strict enforcement and punishment.
(5) Establish a regular reporting system for typical law enforcement cases.
(6) Close the connection of executions.
(7) Strengthen joint punishment for dishonesty.
(8) Establish a joint law enforcement mechanism.
4.
(9) Fully implement the "three systems" of administrative law enforcement.
Strictly implement the administrative law enforcement publicity system, and in accordance with the principle of “who will publicize the law”, promptly disclose the basic information and results of administrative law enforcement to the public through the government websites of emergency management departments at all levels, new government media, service windows and other platforms; establish and improve law enforcement decisions The information public release, cancellation and update mechanism shall strictly follow relevant regulations to disclose information on law enforcement decisions, and shall be removed in a timely manner when the publicity period expires.
Implement a record system for the entire process of law enforcement, fully equip and use law enforcement recorders, and comprehensively use text records, audio and video records, etc.
, to achieve traceability and traceability management throughout the entire process of on-site law enforcement and case handling.
Strictly implement the legal review system for major law enforcement decisions, and clarify the review organization, review scope, review content, and review responsibilities.
(10) Standardize law enforcement procedures.
Strictly standardize daily law enforcement inspections, special law enforcement, open and unannounced visits, cross mutual inspections and other work methods, adhere to the combination of strict law enforcement and guidance services, and implement "law enforcement notification, on-site inspection, exchange feedback" in the inspection of key inspection enterprises.
The main person in charge, safety management personnel, and post operation staff are present in the whole process" and "law enforcement + expert " law enforcement work model.
Prepare the on-site inspection plan in advance, and notify the law enforcement before the inspection; the relevant personnel of the enterprise must be present during the inspection, objectively and standardize the record of the inspection, and take on-site treatment measures according to law before or during the elimination of major accidents that cannot be guaranteed.
Administrative penalties should be filed in a timely manner, conduct comprehensive, objective and fair investigations and collect evidence; exchange feedback after inspections, conduct “reasonable” law enforcement, focus on applying laws to answer questions, and provide safety consultation and rectification guidance.
Where there are statutory non-penalties, lighter penalties, or mitigation of penalties, they shall be enforced in accordance with the law to prevent arbitrary fees and fines from law enforcement.
Where safety issues found during inspections should be handled by other relevant departments, they should be promptly transferred and recorded for future reference; major risks and prominent hidden hazards that need to be studied and resolved by local governments and higher-level emergency management departments should be reported in a timely manner.
It is necessary to comprehensively use methods such as interviews, warnings, notifications, and assessment inspections to promptly urge relevant local governments and departments to implement safety precautions.
Strictly standardize daily law enforcement inspections, special law enforcement, open and unannounced visits, cross mutual inspections and other work methods, adhere to the combination of strict law enforcement and guidance services, and implement "law enforcement notification, on-site inspection, exchange feedback" in the inspection of key inspection enterprises.
The main person in charge, safety management personnel, and post operation staff are present in the whole process" and "law enforcement + expert " law enforcement work model.
Prepare the on-site inspection plan in advance, and notify the law enforcement before the inspection; the relevant personnel of the enterprise must be present during the inspection, objectively and standardize the record of the inspection, and take on-site treatment measures according to law before or during the elimination of major accidents that cannot be guaranteed.
Administrative penalties should be filed in a timely manner, conduct comprehensive, objective and fair investigations and collect evidence; exchange feedback after inspections, conduct “reasonable” law enforcement, focus on applying laws to answer questions, and provide safety consultation and rectification guidance.
Where there are statutory non-penalties, lighter penalties, or mitigation of penalties, they shall be enforced in accordance with the law to prevent arbitrary fees and fines from law enforcement.
Where safety issues found during inspections should be handled by other relevant departments, they should be promptly transferred and recorded for future reference; major risks and prominent hidden hazards that need to be studied and resolved by local governments and higher-level emergency management departments should be reported in a timely manner.
It is necessary to comprehensively use methods such as interviews, warnings, notifications, and assessment inspections to promptly urge relevant local governments and departments to implement safety precautions.
(11) Strengthen case file review and law enforcement review and assessment.
With the quality of law enforcement as the focus of case file evaluation, we regularly conduct evaluation and examination of administrative punishment, administrative enforcement and other law enforcement files to promote standardization through evaluation, and continue to improve law enforcement capabilities and case-handling levels.
Focus on the implementation of the administrative law enforcement responsibility system, establish a sound law enforcement review and assessment system, conduct review and assessment of law enforcement in terms of law enforcement intensity, case handling quality, work effectiveness, guidance services, etc.
, and order to correct administrative penalties for illegal or improper circumstances in accordance with laws and regulations .
Strengthen the use of assessment results, and make law enforcement review and assessment as an important indicator of annual work assessment.
With the quality of law enforcement as the focus of case file evaluation, we regularly conduct evaluation and examination of administrative punishment, administrative enforcement and other law enforcement files to promote standardization through evaluation, and continue to improve law enforcement capabilities and case-handling levels.
Focus on the implementation of the administrative law enforcement responsibility system, establish a sound law enforcement review and assessment system, conduct review and assessment of law enforcement in terms of law enforcement intensity, case handling quality, work effectiveness, guidance services, etc.
, and order to correct administrative penalties for illegal or improper circumstances in accordance with laws and regulations .
Strengthen the use of assessment results, and make law enforcement review and assessment as an important indicator of annual work assessment.
5.
Promote the construction of law enforcement informatization and focus on improving law enforcement methods
Promote the construction of law enforcement informatization and focus on improving law enforcement methods5.
Promote the construction of law enforcement informatization and focus on improving law enforcement methods
(12) Establish and improve the basic electronic ledger for enterprise security.
Local emergency management departments at all levels must establish basic enterprise security electronic accounts and update them dynamically, so as to fully grasp the changes in the types and numbers of enterprises within their jurisdictions.
Summarize and increase safety management content related to production safety, safety evaluation reports, accident investigations, etc.
to form a "one company, one file", study and analyze the safety risk status of enterprises, and provide data support for identifying key inspection enterprises.
Local emergency management departments at all levels must establish basic enterprise security electronic accounts and update them dynamically, so as to fully grasp the changes in the types and numbers of enterprises within their jurisdictions.
Summarize and increase safety management content related to production safety, safety evaluation reports, accident investigations, etc.
to form a "one company, one file", study and analyze the safety risk status of enterprises, and provide data support for identifying key inspection enterprises.
(13) Establish and improve the informatization work mechanism of production safety law enforcement.
Integrate the establishment of a unified national emergency management supervision and law enforcement information platform, integrate the production process monitoring video and safety production data of key inspection enterprises into the platform, and make full use of platform data such as risk monitoring and early warning, credit supervision, complaints and reports, letters and visits, and strengthen the security of law enforcement objects Risk analysis and judgment, forecast and early warning, and promote the accelerated implementation of the "Industrial Internet + Safe Production " action plan.
Persist in on-site law enforcement inspection and network inspection and law enforcement walking on " two legs " , combined with the actual situation of production safety law enforcement under the normalized conditions of epidemic prevention and control, actively expand off-site supervision and law enforcement methods and applications, establish and improve off-site supervision and law enforcement system methods, and clarify the work Process and implement responsibility requirements.
Integrate the establishment of a unified national emergency management supervision and law enforcement information platform, integrate the production process monitoring video and safety production data of key inspection enterprises into the platform, and make full use of platform data such as risk monitoring and early warning, credit supervision, complaints and reports, letters and visits, and strengthen the security of law enforcement objects Risk analysis and judgment, forecast and early warning, and promote the accelerated implementation of the "Industrial Internet + Safe Production " action plan.
Persist in on-site law enforcement inspection and network inspection and law enforcement walking on " two legs " , combined with the actual situation of production safety law enforcement under the normalized conditions of epidemic prevention and control, actively expand off-site supervision and law enforcement methods and applications, establish and improve off-site supervision and law enforcement system methods, and clarify the work Process and implement responsibility requirements.
(14) Vigorously promote the application of the "Internet + law enforcement " system.
Promote the application of smart mobile law enforcement systems and handheld terminal applications, and the entire process of law enforcement activities must be online and connected to the Internet.
Strengthen the construction of a sample bank of key equipment, processes, and equipment risk hazards at production sites, improve the ability to automatically identify potential hazards of the same kind, and enhance the effectiveness of law enforcement.
Use the law enforcement system to grasp the situation of law enforcement inspections in real time, realize real-time management of law enforcement plans, law enforcement inspections, and statistical analysis, and promptly remind and correct various illegal acts.
Promote the application of smart mobile law enforcement systems and handheld terminal applications, and the entire process of law enforcement activities must be online and connected to the Internet.
Strengthen the construction of a sample bank of key equipment, processes, and equipment risk hazards at production sites, improve the ability to automatically identify potential hazards of the same kind, and enhance the effectiveness of law enforcement.
Use the law enforcement system to grasp the situation of law enforcement inspections in real time, realize real-time management of law enforcement plans, law enforcement inspections, and statistical analysis, and promptly remind and correct various illegal acts.
6.
Strengthen the construction of law enforcement forces and focus on enhancing the ability of law enforcement teams
Strengthen the construction of law enforcement forces and focus on enhancing the ability of law enforcement teams6.
Strengthen the construction of law enforcement forces and focus on enhancing the ability of law enforcement teams
(15) Strengthen organization and leadership.
Strengthen the party’s leadership over safety production law enforcement in an all-round way, and the party committees (party groups) of emergency management departments at all levels must regularly study production safety law enforcement work every year.
It is necessary to conscientiously implement the requirements of the central government on “after the adjustment of the emergency management and law enforcement system, safety production law enforcement can only be strengthened but not weakened”, fully understand the importance and urgency of strengthening and improving production safety law enforcement, strengthen the construction of law enforcement teams, and implement law enforcement Guarantee, build an authoritative and efficient law enforcement system with consistent powers and responsibilities, and continuously improve law enforcement capabilities to prevent and defuse major risks and contain major accidents.
Strengthen the party’s leadership over safety production law enforcement in an all-round way, and the party committees (party groups) of emergency management departments at all levels must regularly study production safety law enforcement work every year.
It is necessary to conscientiously implement the requirements of the central government on “after the adjustment of the emergency management and law enforcement system, safety production law enforcement can only be strengthened but not weakened”, fully understand the importance and urgency of strengthening and improving production safety law enforcement, strengthen the construction of law enforcement teams, and implement law enforcement Guarantee, build an authoritative and efficient law enforcement system with consistent powers and responsibilities, and continuously improve law enforcement capabilities to prevent and defuse major risks and contain major accidents.
(16) Strengthen law enforcement education and training.
Improve the systematic law enforcement education and training mechanism, establish and standardize the implementation of induction training, regular rotation training and assessment systems.
Formulate an annual law enforcement education and training plan, organically combine theoretical learning with practical exercises, course teaching and practical application, and continuously enhance the overall quality of law enforcement personnel, especially the ability of frontline personnel to perform their duties, and continue to improve law enforcement personnel with professional knowledge and practical experience in safety production proportion.
Highlight the key aspects of law enforcement work, organize and carry out post-competition training of law enforcement teams through theoretical examinations, on-site practical operations, and simulated law enforcement, and give full play to their inspection, motivation and guidance roles, and promote law enforcement personnel to improve their actual combat capabilities, temper their work >
Improve the systematic law enforcement education and training mechanism, establish and standardize the implementation of induction training, regular rotation training and assessment systems.
Formulate an annual law enforcement education and training plan, organically combine theoretical learning with practical exercises, course teaching and practical application, and continuously enhance the overall quality of law enforcement personnel, especially the ability of frontline personnel to perform their duties, and continue to improve law enforcement personnel with professional knowledge and practical experience in safety production proportion.
Highlight the key aspects of law enforcement work, organize and carry out post-competition training of law enforcement teams through theoretical examinations, on-site practical operations, and simulated law enforcement, and give full play to their inspection, motivation and guidance roles, and promote law enforcement personnel to improve their actual combat capabilities, temper their work >
(17) Strengthen the construction of professional forces.
Strictly control the entry of majors, increase the introduction of talents that are in short supply, and strengthen professional personnel to do professional affairs.
Strengthen the training of key professional law enforcement backbone forces in key industries such as mining, hazardous chemicals, industry and trade, formulate special training plans from theoretical and practical aspects, highlight training priorities, and build law enforcement backbone forces with complete legal literacy and safety production professional qualities.
Highlight the professional characteristics of production safety law enforcement, improve the level of law enforcement equipment, carry out the standardization of law enforcement agencies, and strengthen the ability to ensure law enforcement.
Hire influential technical personnel, experts and scholars in related industries and fields to form a team of law enforcement supervisors to provide theoretical and professional support for law enforcement in production safety.
Strictly control the entry of majors, increase the introduction of talents that are in short supply, and strengthen professional personnel to do professional affairs.
Strengthen the training of key professional law enforcement backbone forces in key industries such as mining, hazardous chemicals, industry and trade, formulate special training plans from theoretical and practical aspects, highlight training priorities, and build law enforcement backbone forces with complete legal literacy and safety production professional qualities.
Highlight the professional characteristics of production safety law enforcement, improve the level of law enforcement equipment, carry out the standardization of law enforcement agencies, and strengthen the ability to ensure law enforcement.
Hire influential technical personnel, experts and scholars in related industries and fields to form a team of law enforcement supervisors to provide theoretical and professional support for law enforcement in production safety.
All provincial emergency management departments shall implement the important situation of this opinion and report to the emergency management department in a timely manner.
Emergency Management Department
Emergency Management DepartmentNian 2021 3 Yue 29 Ri
Nian 2021 3 Yue 29 Ri