On January 15, the Ministry of Emergency Management held a regular press conference. Among them, the following contents deserve the attention of the cement industry:
Phoenix Satellite TV:
Thank you, host. I understand that recently, the Ministry of Emergency Management has issued the Benchmark of Administrative Penalty Discretion in Emergency Management. What is the significance of the Benchmark? What are the key points? Yang Zhihui, Director of the Law Enforcement, Industry and Trade Bureau of the Ministry of
Emergency Management:
Thank you for your question. In accordance with the relevant requirements of the CPC Central Committee and the State Council on the implementation of the benchmark system of administrative discretion, we have organized and formulated the Benchmark of Administrative Penalty Discretion for Emergency Management, which was officially issued on November 4, 2024. The Discretionary Benchmark combs 37 current effective laws, administrative regulations and departmental rules in the field of emergency management, and refines 233 illegal acts involving dangerous chemicals, fireworks, petroleum and natural gas, industry and trade, safety evaluation, testing and inspection institutions, emergencies and production safety accidents. The administrative law enforcement matters listed in the Guidance Catalogue of Comprehensive Administrative Law Enforcement Matters for Emergency Management (2023 Edition) are taken as the main basis for ranking. The core part of "discretion rules" can be summarized as "six aspects" of illegal acts, legal provisions, punishment basis, discretion level, applicable conditions and specific standards. At the same time, the Discretionary Benchmark also simultaneously issued a list of applicable instructions and administrative penalties for minor violations of emergency management. The significance of the promulgation of
the Discretionary Benchmark is mainly reflected in the "three benefits". First of all, it is conducive to further strengthening the rule of law in emergency management in the new era. In recent years, a series of laws, regulations and rules in the field of administrative punishment law, safety production law and emergency management have been amended one after another. Benchmarking is the need of the current practice of emergency management and safety production law enforcement, and it will play an important role in ensuring the correct and effective implementation of laws and regulations.
Secondly, it is conducive to promoting the standardization of administrative law enforcement throughout the system. The benchmark unifies the "weights and measures" of administrative penalties in the field of emergency management at the national level, clarifies the corresponding legal basis, discretion order, applicable conditions and specific standards of relevant illegal acts, and clarifies the situations of no punishment, lighter punishment, mitigated punishment and heavier punishment in accordance with the relevant provisions of the Administrative Punishment Law. To ensure that the discretion of administrative penalty is properly exercised within the legal scope.
Third, it is conducive to effectively promoting grass-roots units and enterprises to reduce the burden. At present, many provinces have formulated the benchmark of administrative penalty discretion for production safety in their respective administrative regions, but due to the inconsistency of discretion standards and unreasonable range of discretion, to a certain extent, there are some problems in law enforcement practice, such as "different penalties for similar cases" and "too light and too heavy". After the issuance of the Discretion Benchmark, each region can refine and improve the administrative penalty discretion benchmark in its administrative region, further guide emergency management departments at all levels to standardize the exercise of administrative penalty discretion, and better protect the legitimate rights and interests of enterprises. Thank you.
Xinhua News Agency:
For some time, the Central Committee of the Communist Party of China (CPC) and the State Council have continued to make arrangements to strengthen the standardization of law enforcement related to enterprises. In addition to issuing the Benchmark, what other arrangements does the Ministry of Emergency Management have to standardize law enforcement? Thank you!
Yang Zhihui:
Thank you for your question. In recent years, the Ministry of Emergency Management has attached great importance to the standardization of law enforcement in the field of emergency management. In addition to issuing the Discretion Benchmark, we are also preparing to continuously improve the standardization of law enforcement from the following aspects.
First, implement the central deployment and "improve quality and reduce quantity" to promote standardization. Recently, the General Office of the State Council issued the Opinions on Strictly Regulating the Administrative Inspection of Enterprises Involved. Our Ministry has earnestly implemented the requirements of the document and is formulating the Notice of the Ministry of Emergency Management on Regulating Law Enforcement Behavior, Strengthening Accurate Law Enforcement and Effectively Reducing the Burden of Grass-roots Units, urging all localities to further strictly and accurately regulate law enforcement, reduce the frequency of on-site inspection, and improve the quality and efficiency of law enforcement. Effectively reduce the burden of enterprises and effectively curb the occurrence of major accidents.
Secondly, we should strengthen the support of the rule of law and lay a solid foundation for "establishing rules and regulations". We will continue to accelerate the pace of building the rule of law in the field of emergency management, speed up the revision of departmental regulations such as the Measures for Administrative Penalties for Illegal Acts in Production Safety, formulate and revise a number of urgently needed national or industrial standards, and study and formulate systems such as the Guidelines for Civilized Law Enforcement in Production Safety and the Guidelines for Evidence Collection in Administrative Law Enforcement in Production Safety, so as to provide legal support and institutional guarantee for strengthening law enforcement in production safety.
Third, focus on plan management and "classified measures" to ensure accuracy. To urge emergency management departments at all levels to scientifically formulate and strictly implement the annual supervision and inspection plan, to further promote precise law enforcement, to comprehensively analyze and judge the safety risk level of enterprises, and to include enterprises with prominent risks, inadequate management and control capabilities, prone to major accident hazards and high accident probability into key inspection units, and to other enterprises with low safety risks. Effectively reduce the frequency of inspection.
Fourth, deepen coordination and linkage, and promote coordination through "hierarchical law enforcement". To urge emergency management departments at all levels to further improve and implement the system of classified and graded supervision and law enforcement, carry out precise law enforcement in strict accordance with the jurisdiction of law enforcement, and prevent repeated inspection and multiple inspection. Establish and improve the four-level joint law enforcement and inspection mechanism of provinces, cities, counties and townships, strengthen the cohesion of work, improve the efficiency of inspection, and prevent the impact on the normal production and operation of enterprises.
Fifth, pay attention to scientific and technological assistance, "intelligent drive" to improve quality and efficiency. To urge emergency management departments at all levels to fully apply the "Internet + law enforcement" system, promote the realization of the whole process of law enforcement "online access", and implement law enforcement procedures through information technology, so as to reduce the burden o f grass-roots units and enterprises. Explore the implementation of remote supervision, mobile supervision, monitoring and early warning and other off-site supervision and law enforcement methods, through the "online + offline" combination of law enforcement mode, improve the efficiency of law enforcement inspection. Thank you!
Poster news reporter:
We understand that the Benchmark has simultaneously issued a list of the first batch of minor violations in the field of emergency management that can not be subject to administrative penalties. Can you introduce the work considerations in this regard? Thank you!
Yang Zhihui:
Thank you for your question. In accordance with the relevant work requirements of the CPC Central Committee and the State Council on optimizing the business environment and effectively reducing the burden on the grass-roots level, we have studied and formulated a list of minor illegal acts in the field of emergency management that can not be subject to administrative penalties, screened seven illegal acts with low security risks and easy investigation and punishment, and stipulated the application of administrative penalties. The list is applicable to enterprises in non-high-risk industries that have not had production safety accidents in the past three years and have not been included in the list of subjects of serious dishonesty. If they violate the law for the first time, the harmful consequences are minor, and they can be corrected in time, they may not be subject to administrative penalties. However, law enforcement officers shall educate the parties concerned, issue on-site inspection records, order rectification instructions within a time limit and other documents according to law, and review them on time and perform the relevant procedures of not imposing administrative penalties according to law. At the same time, we encourage all localities to formulate a list of non-punishment or non-punishment for minor violations in the region, correctly handle the relationship between strict law enforcement and inclusive exemption from punishment, and ensure the unity and authority of law enforcement.
It is understood that Jiangsu, Zhejiang, Fujian, Guangdong, Sichuan and other parts of the region have first studied and formulated a list of safety production related exemptions, and achieved good results in practical work. For example, in February 2024, when the law enforcement officers of Yuhang District Emergency Management Bureau of Hangzhou City, Zhejiang Province, carried out law enforcement inspection on a Hangzhou Science and Technology Co., Ltd., they found that the company had formulated contingency plan for production safety accidents, but did not revise and update the contingency plan in time according to relevant regulations. After investigation, the act violated the provisions of Article 36 of the Measures for contingency plan and Management of Production Safety Accidents. In view of the fact that the party concerned violated the law for the first time, and the illegal act was minor and could be corrected in time without causing harmful consequences, the Emergency Management Bureau of Yuhang District made a decision not to impose administrative penalties on the company, and warned and warned the person in charge of the company, at the same time, it publicized the relevant laws and regulations on safety production, carried out law popularization education, and finally achieved very satisfactory results. Thank you!
