On May 12, 2022, when the law enforcement officers of Kunming Emergency Management Bureau went to Haiao Smart Home (Yunnan) Co., Ltd. to carry out law enforcement inspection, they found that the enterprise failed to establish a dust explosion-proof safety management system as required, which was suspected of breaking the law. On May 17, Kunming Emergency Management Bureau filed an investigation.
The above-mentioned behavior of the enterprise violates the provisions of Article 7 of the Safety Regulations for Dust Explosion Prevention in Industry and Trade Enterprises. According to Article 30 of the Safety Regulations for Dust Explosion Prevention in Industry and Trade Enterprises, Kunming Emergency Management Bureau ordered the enterprise to make rectification within a time limit and imposed an administrative penalty of12,000 yuan, and imposed a fine of 3,000 yuan on the directly responsible person in charge, Shi Moumou.
The following two acts are administrative violations:
First, the duty fault, that is, the state staff violated the law and dereliction of duty. This kind of dereliction of duty has damaged the national interests and the legitimate rights and interests of citizens, but it has not reached the level of dereliction of duty.
Two, administrative fault, that is, citizens and legal persons in violation of administrative regulations.
Duty fault, that is, the illegal and dereliction of duty of state staff. This kind of dereliction of duty has damaged the national interests and the legitimate rights and interests of citizens, but it has not reached the level of dereliction of duty.
Administrative fault, that is, the behavior of citizens and legal persons in violation of administrative regulations, the subject of administrative violation must be the subject of administrative legal relationship, not the subject of administrative legal relationship, which cannot constitute administrative violation; Administrative violations violate administrative legal norms and infringe on administrative relations protected by law; Administrative violations have caused certain damage to society, but have not yet constituted a crime; Administrative violations shall bear administrative responsibility according to law.
legal ground
Article 33 of the Administrative Punishment Law of the People's Republic of China shall not be subject to administrative punishment if the illegal act is minor and corrected in time without causing harmful consequences. Those who violate the law for the first time and have minor harmful consequences and correct them in time may not be given administrative punishment. If the parties have sufficient evidence to prove that they have no subjective fault, they will not be given administrative punishment. Where laws and administrative regulations provide otherwise, such provisions shall prevail. If the illegal acts of the parties are not given administrative punishment according to law, the administrative organ shall educate the parties.
Article 44 of the Administrative Punishment Law of the People's Republic of China * * * Before making a decision on administrative punishment, the administrative organ shall inform the parties of the contents, facts, reasons and basis of the proposed administrative punishment, and inform them that they have the right to state, defend and request a hearing according to law.
Article 9 Types of administrative punishment in the Administrative Punishment Law:
(a) warning, informed criticism;
(two) fines, confiscation of illegal income and confiscation of illegal property;
(three) the license is temporarily withheld, the qualification level is lowered, and the license is revoked;
(4) Restricting production and business activities, ordering production and business suspension, ordering closure and restricting employment;
(5) Administrative detention;
(6) Other administrative penalties as prescribed by laws and administrative regulations.