The person in charge of the Second Procuratorate of the Supreme Prosecutor's Second Procuratorate issued a typical case of the procuratorial organs to implement the "8th Procuratorate" reporter.

Author:Supreme inspection Time:2022.06.22

Grasp the early and grab the signs

Be able to perform duties to promote the treatment of safety production traceability.

——The person in charge of the Second Procuratorate of the Supreme Prosecutor's Second Procuratorate issued a typical case of the procuratorial organs to implement the "8th Procuratorate" reporter.

On June 22, the Supreme People's Procuratorate issued 5 procuratorial organs to implement a typical case of the "8th Procuratorate". June this year is the 21st national "production safety month". At this time, what is the meaning of the most typical cases released by the highest prosecution? What are the characteristics of these typical cases? How to further implement the "No. 8 Procuratorate"? The reporter interviewed the head of the Second Procuratorate of the Supreme Procuratorate in this regard.

Question: What are the backgrounds and purposes of a typical case of the "8th Procuratorate" of the Procuratorate of the Supreme People's Procuratorate for the release of the procuratorial organs?

Answer: In February this year, the Supreme People's Procuratorate issued the "Procuratorate No. 8" to the emergency management department to the emergency management department, and copied 11 relevant departments. The main sending and copying units attach great importance to the "Procuratorate No. 8". In May, the emergency management department and the Ministry of Ecological Environment notified the implementation to the highest prosecution, and they all said that they were actively promoting the implementation of relevant work rectification and implementation in accordance with the procuratorial recommendations. In order to further promote the implementation of the "No. 8 Procuratorate", the Supreme Prosecutor's notice shall be issued to the provincial procuratorates, requiring "to focus on the early grasp of the early, the system norms, and the responsibility will fall into work." Ensure that the "No. 8 Procuratorate" is implemented and achieved effective. The local procuratorial organs formulated specific implementation plans according to local conditions, adopted a variety of powerful measures to promote the implementation of suggestions, and achieved obvious staged results in advancing the comprehensive governance of safety production, and good response from all walks of life in society.

The Supreme Procuratorate today issued 5 typical cases of local procuratorial organs to implement the "8th Procuratorate", in order to give full play to the role of demonstration, leading and guiding the role of typical cases, and further advance the implementation of the "8th Procuratorate".

Question: What are the characteristics of these typical cases, please introduce the brief situation?

Answer: Of these 5 typical cases, 4 are criminal criminal cases in production safety, and 1 is a public interest lawsuit case. It is selected and written from 116 cases submitted in various places. In these cases, the procuratorial organs have fully played the role of the procuratorial function in the process of implementing the "Eighth Procuratorate", and effectively implemented "supervising the case in the case, handling the case in supervision", and can perform their duties in accordance with the law. From the "inside case" review to the "outside case" governance extension, in promoting the management of fishery security, promoting the "flying wire charging" hidden safety hazards around the people, promoting special investigation and management of special industry certificates, and promoting corporate compliance investigations involved in cases Safety management has achieved good results.

In the dangerous operation case of Yu Xiangxiang and others in Donggang City, Liaoning Province, the procuratorial organs accurately identified the crime of hazardous operations, crack down on hidden dangers of safety production risks in accordance with the law. The bureau strengthened rectification and improved the level of fishery production safety supervision. In the Gannan County People's Procuratorate, Heilongjiang Province urged the "flying line charging" safety hazard public interest litigation case, the prosecutor of the prosecutor's criminal procuratorial department in handling the case of fire setting off the fire found the "flying line charging" problem in the community. Work mechanism, form a joint supervision force, send pre -procuratorial suggestions to the emergency management department to send pre -prosecution proposals to promote the promotion of relevant regulatory departments to strengthen supervision. In the bribery case of Wang Mouqin, Huzhou City, Zhejiang Province, when the procuratorial organs handled bribery cases, they deeply dug the defendant's derivative harm caused by the defendant's misconduct, and promoted the relevant functional departments to carry out special industries in the area under their jurisdiction. Inspection and governance to avoid the major safety hazards of the construction industry in violation of the regulations. At the same time, in -depth analysis of the causes of the case, and the hidden dangers caused by the management of the case and the hidden dangers caused by the incident unit. In the case of Zhong Mouping, a heavy responsibility in Qingyang County, Anhui Province, the procuratorial organs accurately defined the scope of criminal accountability. The second -income person who did not participate in the company's actual business activities involved in the case did not investigate criminal responsibility in accordance with the law. At the same time, in response to the safety management loopholes in the production and operation of private enterprises, conduct compliance investigations of enterprises, and help enterprises establish a sound safety management system. In the major liability accident in Wu Mouyu, Karamay, Xinjiang Uygur Autonomous Region, the procuratorial organs were invited to participate in the investigation of production safety accidents, fully fulfilled legal supervision duties, and put forward opinions on evidence collection, law applications, personnel accountability and other aspects. The scope, corresponding to administrative penalties or party and government discipline, it is recommended to transfer it to relevant departments or disciplinary inspection and supervision organs for processing. For suspected crimes, it is urged to transfer it to the public security organs for investigation and punishment. Essence

Question: In the next step, what are the measures to implement the "Eighth Procuratorate"?

Answer: In addition to the implementation of 5 typical cases of "No. 8 Procuratorate" released today, the Supreme Prosecutor also sends 5 typical examples of "No. 8 Procuratorate" to the national procuratorial organs for reference reference.These cases are selected from the experience and practice of the implementation of the "8th Procuratorate" reported by localities. In the case, procuratorial organs such as Hebei, Jiangsu, Zhejiang, Hunan, Ningxia and other places are improving torture, strengthening criminal and public welfare collaboration, and using them.Digitalized means to improve supervision and efficiency, promote the exclusion of the hidden dangers of production safety, and promote the improvement of safety production governance, and have achieved good results.In the next step, the Supreme Prosecutor will continue to supervise the procuratorial organs of various places in accordance with the law and promote the implementation of the suggestions in accordance with the law.At the same time, we will strengthen communication and cooperation with relevant departments such as emergency management, form a joint effort, and promote the improvement of production safety governance capabilities.

(Author: Cui Xiaoli)

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