Several Interim Provisions on the investigation an

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Several Interim Provisions on the investigation and handling of major accidents

in order to ensure the personal safety of employees and reduce national economic losses, It is conducive to reform and the construction of the four modernizations. "These investments reflect our firm commitment to the Asian market and the smooth implementation of the establishment. According to the criminal law of the people's Republic of China and the criminal procedure law of the people's Republic of China In the spirit of the relevant provisions of the relevant regulations on labor protection and Safety Supervision issued by the State Council, the following Interim Provisions are formulated in the investigation and handling of major accidents

I. major accident cases in which employees of factories, mines, forest farms, construction enterprises or other enterprises and institutions do not obey management, violate rules and regulations, or force workers to work against rules and regulations, resulting in major casualties, resulting in more than one death or more than three serious injuries, or causing major economic losses, are directly accepted by the people's Procuratorate. Organs, public organizations, enterprises, institutions and citizens have the right and obligation to file complaints and exposures with the people's procuratorates

II. Factories, mining enterprises and other units that have major casualty accidents must report to the local people's Procuratorate in addition to complying with the State Council's regulations on the reporting of casualty accidents of workers and staff

III. units with major casualty accidents should protect the site; For rescuing the wounded and preventing the expansion of the accident, when it is necessary to move the objects on the scene, it is necessary to make signs, take photos, make detailed records and draw the accident scene map: the scene of the casualty accident must be cleared with the consent of the labor department, the people's procuratorate or the accident investigation team, so as to ensure the on-site investigation

IV. after receiving the report of major casualty accidents or the notice of the labor department, the people's Procuratorate shall send personnel to participate in the investigation of major casualty accidents in time

v. when the people's Procuratorate participates in the accident investigation, in order to do the necessary evidence collection work in time and according to law, and puts forward the requirements for necessary supplementary investigation and technical appraisal, the accident investigation team shall give supplementary investigation and technical appraisal

VI. the accident investigation team should make a conclusion on the nature and main causes of the major casualty accident, and put forward handling suggestions to the main personnel of the accident

VII. On the basis of accident investigation, the people's Procuratorate believes that major accident cases with criminal facts that need to be investigated for criminal responsibility should be filed for investigation in a timely manner

VIII. For major accidents that the people's Procuratorate did not participate in the investigation, which were transferred by the labor department or charged by other organs, organizations, enterprises, institutions and citizens, the people's procuratorate should review in time and make a decision on whether to file a case. If it decides not to file a case, it shall state the reasons and notify the labor department or the accusing unit and individual in writing

IX. in investigating and dealing with major accident cases, the people's procuratorate should not only investigate the criminal responsibility of the staff who have committed the crime of major accident, but also investigate the criminal responsibility of the state staff who have committed the crime of neglecting the speed of transmission and performing their duties in the experiment

X. when dealing with major accident cases, the people's Procuratorate may seek the opinions of the labor department

11. Labor departments and people's procuratorates should report to their respective higher-level leading organs for support and solution in case of difficulties and obstacles in identifying the nature and main personnel of major casualty accidents with relevant parties

XII. For cases in which the people's Procuratorate has made a decision on exemption from prosecution according to law, when it submits the "decision on exemption from prosecution" to the defendant's unit, it should also put forward suggestions on giving the defendant disciplinary sanctions

XIII. For the new factory that constitutes the crime of major accident and the crime of dereliction of duty in major casualty accidents, there are three 100000 level clean room personnel producing medical grade pipelines and accessories. No organ or unit can replace criminal punishment with economic punishment; Punishment according to law cannot be replaced by Party discipline and administrative discipline

XIV. For major accidents, if the knowledge industry of impact testing machine detection in factories and mining enterprises and other units conceal, falsely report or deliberately delay the report, resulting in certain consequences, the labor department and the people's procuratorate should advise the relevant units to give disciplinary or economic sanctions to the relevant personnel. If the circumstances and consequences are serious, the people's Procuratorate shall investigate the law

The people's procuratorates and labor departments should select typical cases, deal with them openly, adopt various forms and methods, strengthen legal publicity, and educate national staff and workers to abide by the laws

XVI. In the investigation and handling of major accidents, if the people's procuratorate finds that there are loopholes and hidden dangers in the management of factories, mining enterprises and other units, it should put forward corrective opinions or issue the procuratorial proposal to prevent accidents

XVII. When the labor department holds a meeting to study major casualty accidents, it may notify the local people's Procuratorate to send personnel to participate

XVIII. Labor departments at all levels and people's procuratorates should communicate in time and strengthen contact. The labor department's major casualty briefing and regular accident statistical analysis can be copied to the local people's Procuratorate at the same time of reporting. The people's procuratorate should actively cooperate with the labor department to do a good job in safety supervision

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