And investigate the criminal responsibility of the signature designer according to the severity of the engineering accident.
According to the Contract Law of People's Republic of China (PRC):
Article 280 Quality Responsibility of Surveyors and Designers
If the survey and design quality does not meet the requirements, or the survey and design documents are not submitted within the time limit, which delays the construction period and causes losses to the Employer, the surveyor and designer shall continue to improve the survey and design, reduce or waive the survey and design fees, and compensate for the losses.
Article 28 1 Quality Responsibility of the Constructor
If the quality of the construction project is not in conformity with the contract due to the reasons of the builder, the employer has the right to require the builder to repair, rework or rebuild free of charge within a reasonable period of time. If the delivery is overdue after repair, rework or reconstruction, the builder shall bear the liability for breach of contract.
Article 282 Responsibility for quality assurance
If the construction project causes personal and property damage within the reasonable use period due to the contractor's reasons, the contractor shall be liable for damages.
According to the Regulations on Reporting, Investigation and Handling of Production Safety Accidents:
Article 17
The public security organ at the place where the accident occurred shall, according to the circumstances of the accident, file a case for investigation according to law and take compulsory measures and investigation measures. If a criminal suspect escapes, the public security organ shall promptly pursue and bring him to justice.
Article 26
The accident investigation team has the right to ask the relevant units and individuals about the accident and ask them to provide relevant documents and materials, and the relevant units and individuals shall not refuse. ?
The person in charge of the accident unit and relevant personnel shall not leave their posts without leave during the accident investigation, and shall accept the inquiry of the accident investigation team at any time and provide relevant information truthfully. ?
If a suspected crime is found in the accident investigation, the accident investigation team shall promptly hand over the relevant materials or their copies to the judicial organs for handling.
Article 38
If the main person in charge of the accident unit fails to perform the duties of safety production management according to law, resulting in an accident, a fine shall be imposed in accordance with the following provisions; Those who belong to national staff shall be punished according to law; If the case constitutes a crime, criminal responsibility shall be investigated according to law:
(a) in the event of a general accident, a fine of 30% of the annual income of the previous year shall be imposed; ?
(two) a major accident, a fine of 40% of the previous year's income; ?
(three) a major accident, a fine of 60% of the previous year's income; ?
(four) in the event of a particularly serious accident, a fine of 80% of the annual income of the previous year shall be imposed.
Extended data:
Case:
20 14,1417 October, an explosion occurred on the second floor of the reclaimed water plant under construction in Inner Mongolia Dongyuan Technology Co., Ltd., located in Wuda Industrial Park, Wuhai City, killing three people, seriously injuring two others and slightly injuring four others. The reclaimed water plant and some equipment in the plant were damaged, and the direct economic loss was about 7.436 million yuan.
According to the investigation by the accident investigation team, the accident occurred because combustible gases such as methane and hydrogen in the underground sewage main pipe were reversely connected to the reclaimed water reuse plant under construction through six overflow pipes, which accumulated for a long time and reached the explosion limit. When the operator turned on the light switch and ignited, the gas space exploded.
The People's Court of Wuda District, Wuhai City made a first-instance criminal judgment on the crime of major safety accidents in Zhang Project from 2065438 to February 2007. Zhang, the designer of BDO project of China Chengda Engineering Co., Ltd., violated the relevant provisions of the Code for Fire Protection Design of Petrochemical Enterprises in his design.
Without identifying dangerous and harmful factors, the six overflow pipes leading to the rainwater system were changed into sewage system, and the six overflow pipes or overflow headers were not designed with sealing devices such as water seals, which were directly responsible for the accident.
Therefore, the defendant Zhang was sentenced to three years' imprisonment, suspended for three years and fined 100000 yuan for committing a major safety accident in the project.