The Zhongshan District Procuratorate adheres to the effect of strengthening the implementation of the "non -governance of violations" in "specific" practice

Author:Guizhou Window Time:2022.09.18

The "Hundred Days Action" in the province's summer public security strikes entered the stage of consolidation and improvement. Hidden safety hazards, strive to provide a good development environment for the economic construction in the region.

On the morning of September 13, 2022, Liu Yan, deputy secretary of the party group and deputy prosecutor of the Zhongshan District Procuratorate, appeared in court to support public prosecution cases involving coal mine production safety. The people's court sentenced the defendant to the defendant's crime of dangerous homework and sentenced to eight months in prison. The defendant expressed no appeal and pleaded guilty. Relevant corporate leaders and employees participated in the trial and audit, which played a deterrent role in preventing and curbing safety accidents.

Looking back at the process of this case, the Procuratorate of Zhongshan District always adheres to the "people" as the head, "prosecution" to support, adhere to the concept of "people's procuratorial", pay attention to "grasping the front end, cure the disease", and review from the "case" to the "outside the case". Extension of governance, conducting the procuratorial organs of the procuratorial organs "less caught and proclaimed" and "crime and governance" with the concept of criminal judicial concepts, regulate industry governance, correctly guide the production of safe production in the coal industry, effectively maintain public safety and social stability, and obtain it. Good social and legal effects.

Adhere to strengthening legal supervision

This case is the first hazardous operation case accepted by the Procuratorate of Zhongshan District since the Criminal Law Amendment (11). Check the work environment, personnel post system and operation process of monitoring equipment, and timely guide public security organs to supplement investigations and obtain evidence, laying the foundation for the accuracy of the case.

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Persist in strengthening public review

During the review process of this case, the first is to discover the illegal operation of the monitoring equipment at will generally exist in the coal industry, and the coal industry's awareness of production safety needs to be improved. The suspect did not fully recognize the harmful consequences of his behavior. In order to help the enterprises involved in the case fully complete the rectification work, help the criminal suspects deeply understand the legal benefits of the crimes, effectively guide the coal industry to enhance the awareness of safety production, guide relevant managers to clearly distinguish between illegal behavior and criminal behavior, and correctly understand the transition process of the two. , Zhongshan District Procuratorate decided to hear publicly in this case according to law. In addition to inviting people's supervisors, representatives of the National People's Congress, and practicing lawyers, the hearing also invited representatives of functional departments and industry associations such as the Energy Bureau, Emergency Administration, and Coal Industry Association to participate in the hearing. Professionals participating in the hearing use professional knowledge to clearly explain to the hearing to explain the significance of gas monitoring equipment to the guidance of regulatory departments, supervising coal safety production, and the reasons for the establishment of the gas overrun. And whether there is a serious casualties or other serious consequences around whether the case has a major casualties or other serious consequences, effectively assist the hearing to understand the nature and consequences of the case intuitively.

Adhere to strengthening the source governance

The investigation of the visit found that the enterprises involved in the case had weak safety in production awareness, lack of safety supervision, and "penalties for punishment", etc. Based on the management loopholes of the enterprise in the supervision and production process, the Zhongshan District Procuratorate issued the "Procuratorate" to the enterprise to help enterprises do a good job of risk prevention and control, further improve the awareness of safety prevention, implement the responsibility of the main body of production safety, effectively fill in the system Lack and management vulnerabilities, promote the governance of the source of complaints.

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To build a higher level of Ping An China, we must adhere to the people's supremacy and life first, and adhere to the overall development and safety. As an important part of China's "14 billion -ton large coal base", China ’s“ Yunnan -Guizhou Base ”, known as“ Yunnan -Guizhou Base ”, is known as the“ Jiangnan Coal Capital ”. The enterprise involved in the case has contributed a certain contribution to the new industrialization of Liupanshui accelerated. The procuratorial organs can perform their duties, carefully review cases, visit field visits, and discuss investigations, and use corporate compliance construction to do equal protection of enterprises in accordance with the law, urge enterprises to effectively fulfill their responsibility for production safety, prevent the suspension of production again, and serve the company's economic continuity. Healthy development provides procuratorial wisdom and strength for the transformation of development of the coal industry, improving management level, and improving production efficiency. (Zhongshan District Political and Legal Committee)

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