A nation that is good at summarizing will build a society that minimizes the cost of development, and a nation that is forgetful can only move forward in the midst of one disaster after another. The explosion of hazardous chemicals in Tianjin Port, resulting in extremely serious human and property losses, is not only one of the few major accidents in China, but also one of the few accidents in the history of human safety. Whether this accident occurred due to man-made or natural causes, the serious consequences still reflect the serious inadequacy of production safety and environmental protection work and even regulatory negligence, dereliction of duty. This accident, can not happen in vain, in addition to the seriousness of the responsibility, all levels of government and the relevant departments must seriously learn the usual supervision and emergency response to the accident lessons, in the country to carry out a production safety and environmental protection issues of the discussion, summarize and work to enhance the level of work.
Correctly handle the interests of the state, the public and business owners, so that supervision and law enforcement to return to the impartial, transcendent position
In a serious production safety and environmental protection incidents, greedy business owners because of their own pursuit of private interests, do not fulfill the legal obligations of training, input, management, and transfer their own production safety and environmental risks to the state and society, and some of the victims even had their families broken up. In the Tianjin Port explosion incident, the difference between the total category and quantity of hazardous chemicals that the enterprise was allowed to store and the actual total category and quantity was too great, which led to the expansion of the coverage of the explosion accident and the deepening of the degree of harm caused by the accident, resulting in the disappearance of many innocent lives in accidents that should not have happened. From the accident handling situation in recent years, many accidents, emergency response and aftermath costs, which should have been borne by the offending enterprises, but in the end by the state and society partially or even fully pay the bill, which is extremely unreasonable. In the handling of accidents, the reasonable demands and expectations of those whose interests are affected and of the public are difficult to meet because of the limited compensation capacity of the enterprise owner, and the government has to step in to underwrite the costs, which in turn leads to new contradictions between those affected, the public and the government. The reason for this lies in the unprincipled favoritism of local governments and their regulatory authorities towards businesses in general, which has led to their increasingly rampant illegal behavior.
By the end of the 13th Five-Year Plan, China will likely enter the ranks of innovative countries, i.e., manufacturing powers. In the years leading up to the entry, China's environmental protection, safety efforts and economic growth are in a strategic phase. In the current economic downturn, some regions and industries have deviated from the "five-in-one", green and ecological civilization development line, relaxing the supervision of production safety and environmental protection, resulting in a situation in which economic growth prevails while production safety and environmental protection work prevails. For this reason, it is necessary to insist on correcting the situation and on several unshakable things, namely, unshakable high-quality and cost-effective development, unshakable red line of production safety and safe development strategy, and unshakable red line of environmental protection and greening. Departments and local governments should have the stamina in the economic downturn to establish the concepts of scientific development, high-quality development, historical development, humanistic development and the rule of law, to ensure that administrative supervision and law enforcement are accountable to the state and society, and to return to the track of objectivity, impartiality and transcendence.
Correctly handle the contradictory relationship between the public and enterprises, the public and business stakeholders, and reshape the credibility of supervision and enforcement of production safety and environmental protection
Through the occurrence of many accidents, it can be found that there are major flaws in the work of environmental impact assessment and production safety assessment, such as in the case of environmental impact assessment, knowing that the public obviously have different opinions, but take a selective opinion solicitation methods or even falsification, writing in the report that more than 90% or even 100% of the public expressed agreement. For environmental impacts and safety hazards, the positive impacts are written at great length, while the negative impacts are written sparingly or even not at all; for safety distances, they are compressed for the sake of commercial interests; for monitoring data, they are slowed down and underreported; and for the planning that should not be adjusted, it is adjusted. These phenomena existed to a greater or lesser extent in the Tianjin Port explosion. For the people's reasonable demands and requests for democratic participation, the local government and its relevant departments, instead of rationally guiding and properly resolving them, have given way to commercial interests and the interests of officials' corruption related to commercial interests, and have suppressed or even cracked down on them, leading to a lack of credibility in the supervision and enforcement of production safety and environmental protection. Take the Tianjin Port explosion incident as an example, despite the same qualitative nature of the monitoring data, the air and water environment monitoring information released by the Tianjin municipal authorities was not trusted by the public, while on the contrary, the public trusted the monitoring data released by Greenpeace. The embarrassing lack of credibility of administrative regulation deserves the attention of the central and local governments.
Behind the regulatory enforcement of falsification and protection of shortcomings behavior, there is generally collusion between the government and business **** the same body corruption phenomenon. Some local government officials in the gray or even illegal interests of the drive, under the guise of the state, the people and enterprises, local government could have been an orderly resolution of internal conflicts, to be intensified, and even rise to the height of the public and the party against, resulting in the occurrence of mass incidents, increase the higher level of government and even the central government finally the difficulty and cost of the aftermath. In the investigation and handling of a heavy heavy production safety and environmental protection incidents, most of the officials and enterprises can be seen colluding with the shadow of corruption. These contradictions and conflicts appear on the surface to be contradictions and conflicts between the public and the government and enterprises, but in essence they are contradictions between the public and the corrupt. The intricacies of local private interests make it difficult to regulate safety and environmental protection. A clean state power is not afraid of the public but close to it. In order to solve the problem of power corruption and build a pattern of clean regulation, the country should take the following measures in the next step:
Firstly, liberalize the scope of public participation and strengthen the depth of public participation through system construction. After the country completes its economic transformation into an innovative country, it will establish a system for the public to bring administrative public interest litigation, so that the judiciary can supervise administrative power and prevent it from being abused by corrupt people.
Second, strengthen the construction of the national supervision system for production safety and environmental protection, and combine the supervision with the people's social supervision; incorporate the negative supervision and enforcement and illegal supervision and enforcement into the anti-corruption pattern of the central and local discipline inspection committees to coordinate the investigation and treatment, and reshape the credibility of supervision and enforcement, so as to make the relationship between the government, society, citizens and enterprises enter into a benign cycle.
Improve the power structure of national governance as soon as possible, and bring into play the role of people's active participation and supervision through the rule of law
Government, society, citizens and enterprises are the basic components of the state. Each element has its own role and status. If the government is forced to replace the role of society with government regulation, and if government regulation is used to replace society's self-management and supervision of public power, role overstepping or even misalignment will occur, and eventually problems are sure to arise. Now some of the problems, that is, the relevant departments and local governments to take charge, not in accordance with the law out of the management, for this must be changed.
In terms of policy, the Third Plenary Session of the 18th CPC Central Committee put forward the modernization of the national governance system and governance capacity, with the aim of recognizing the status of social and social organizations and giving play to the original role of social and social organizations. In order to give full play to the rule of law for social and social organizations, the Environmental Protection Law and the Work Safety Law, which were amended in 2014, have established systems to give full play to the rule of law for environmental protection and work safety*** respectively. However, a considerable number of local governments have not adapted to the requirements of this new normal of the rule of law and remain indifferent to the need to create an atmosphere that promotes public participation and social supervision. This needs to be addressed in the next step by strengthening the governing capacity and responsibility of governments at all levels.
In terms of the rule of law, laws and regulations such as the Environmental Protection Law and the Work Safety Law have raised the standard of fines, and the former has even set up strong measures such as daily penalties, administrative detention, resignation, and civil public interest litigation. But the implementation of these harsh measures relies only on the initiative of public authorities. If local governments and their relevant staff are negligent in their duties and do not carry out the strict supervisory duties and severe legal responsibilities stipulated in the law, society can do nothing; if an official should take the blame and resign but his or her leaders do not allow him or her to do so, society can do nothing; and if the courts do not file a case against a lawsuit, society can do nothing. The central government and the Supreme People's Court do not have the energy to correct all the irregularities throughout the country and at all levels, so the phenomenon of negligent supervision and enforcement of the law leading to dormant legal provisions still exists relatively commonly in reality. Some of the so-called strict enforcement of the law is also often mixed with personal interests and emotional factors, making the situation even more complicated. Some people even believe that in some places, environmental protection, production safety, fairness and justice are selectively bestowed by public power, rather than being obtained in accordance with the law on a regular basis. This phenomenon should be properly addressed under the leadership of the Party, such as establishing and improving systems and mechanisms that give full play to the role of social participation and supervision, establishing mechanisms for the automatic initiation of administrative penalties, resignation, acceptance of lawsuits, and administrative recourse, so that the power to administratively supervise and regulate is subject to institutionalized constraints on rights and other powers, and the public's civil rights can be justiciable, so as to prevent the country's public power from being abducted by the interests of the localities and the personal interests of leading cadres and eventually going out of shape. The mechanism of automatic activation can prevent the public power of the state from being abducted by local interests and personal interests of leading cadres, and eventually become out of shape. In addition, the mechanism of automatic activation allows the system to be implemented on a regular basis, preventing the emergence of an enterprise accident, thousands of enterprises to carry out a campaign type of large-scale investigation, incurring the phenomenon of enterprise antipathy.
Reasonable reconstruction of the relationship between the central and local, the government and the enterprise of production safety and environmental protection authority, strengthen the grass-roots supervision of talent and capacity building, strengthen the information *** enjoyment and collaborative supervision and law enforcement
Through the observation in recent years, some serious accidents after the occurrence of the State General Administration of Safety and the Ministry of Environmental Protection have issued normative documents, requiring the localities and various industries to take measures to to rectify the situation with full coverage and leaving no dead ends. Sometimes, they even send out unannounced visit teams or inspection teams with great vigor. However, since no similar incidents have occurred in some places, there is no real pain of accidents, and it is difficult to change the mentality of fluke and slackness, which makes it difficult for the special rectification actions to reach every corner of the regions and industries. In the city and county and even at the township level, some regulatory projects are reduced to a form of engineering, some special inspections often end up with a document to document formalism to be the end of the regulatory and special inspections of the requirements of the measures are difficult to fully implement to the grassroots level, such as a city to spend a huge amount of money to establish the monitoring of hazardous chemicals Internet of Things, the monitoring of each hazardous source and emergency response have set up an actionable program and content, such as according to the level of the event, determine the According to the level of the incident, it determines the corresponding evacuation range, list of experts, rescue material bank, duty telephone number, etc., and determines the temperature, humidity and other conditions for automatic accident warning. However, once the emergency telephone number is dialed, the duty telephone number of individual material depots is even empty, which shows that the formalism of local supervision is rather serious. In order to solve the phenomenon of environmental protection work being hot at the top and cold at the bottom, the following problems need to be solved:
For one thing, the division of authority between the central and local governments over production safety and environmental protection is not scientific, local interests and autonomy in decision-making and management are not fully respected, local activism is not properly utilized, and there is insufficient effective implementation and supervision of national laws and policies. At present, the state is vigorously simplifying and decentralizing government in order to reduce the burden on enterprises and citizens, but the grassroots are not quite buying it, mainly because many cadres are no longer enthusiastic about power after the eight regulations, while the grassroots have insufficient supervisory capacity, and the supervisory responsibility has been shifted downward, which has increased the risk of supervisory work. Some administrative licenses, such as those for safety training schools, have been abolished, but the lack of supervision during and after the event has not only failed to improve the quality of training, but on the contrary, the supervision is out of order, and the local authorities are responsible for the consequences. The contradiction between the central and local authorities, which is very complicated at present, is mainly due to the fact that, when the economy was developing rapidly, the state and local authorities did not carry out timely and adaptive reforms to the system, resulting in the economic cake being made bigger while the system construction did not keep pace with it. When the government wants to carry out reforms to adjust interests, the powerful hindering role of interest groups is hard to shake. To this end, it is necessary to grasp the anti-corruption, accountability and cadre appointment and dismissal of the three working tools, in accordance with the national supervision and local supervision, the higher assessment and local responsibility model, reassess the effect of decentralization, a new round of reform of authority, decentralization of administrative licensing and regulatory authority, to give the intermediary organization of the right to technical services, while, at the same time, the upward supervision and assessment of the right to carry out the principle of party and government in accordance with the principle of the same responsibility of the violation of law and carry out the responsibility of the end! Both the maintenance of good local enthusiasm, but also to play the local regulatory responsibility.
Secondly, the lack of professional capacity and conditions for local supervision and enforcement, it is difficult to assume the heavy responsibility of comprehensive, in-depth and strict enforcement. Provincial, municipal and county level safety supervision cadres are under pressure, heavy responsibility, experienced cadres often can not stay. In most parts of the country, among the members of the leadership teams of provincial, municipal and county-level production safety and environmental protection supervisory departments, there are still fewer professional cadres in general, and more non-professional cadres transferred in, resulting in the undesirable phenomenon of bureaucratization of professional officials, which is incompatible with the professional requirements of professional supervisory departments. The scientific and technological capacity of safety production and environmental protection at the national and provincial levels is strong, but far from the actual situation, while the grassroots need scientific and technological strength and equipment, but the capacity is weak, for example, in 2013, in the Safety Production Supervision and Administration Bureau of eight districts and counties of a capital city in the west, it is surprising that four districts and counties do not have a single cadre of safety supervisory personnel who is a student of safety production, and even if the law enforcement borrows from outside the brain, it is difficult to ensure that supervision and law enforcement of scientific and Even if we borrow outside brains when enforcing the law, it is difficult to ensure the scientific and impartiality of supervision and enforcement, and it is difficult to effectively eliminate hidden accidents. Even in other areas with good conditions, some township production safety sections (units) lack supervisory staff, and the tools for supervision and law enforcement are only flashlights, masks, helmets, and cameras, and there is a lack of simple technical means of analysis. In the bad conditions of the region, the lack of transportation, the lack of technical supervision equipment or will not use, often still rely on the nose smell, flashlight and other means of supervision, such conditions and means, how to ensure that the bottom of the safety of production and environmental protection, to carry out scientific and effective supervision? To this end, the next step must be to strengthen the production safety and environmental protection professional cadres, strengthen the technical equipment with the regular strengthening of production safety and environmental protection law enforcement and supervision of exchanges and training to strengthen the law enforcement agencies and law enforcement personnel assessment.
Third, in the field of hazardous chemicals, the two important regulatory departments of production safety and environmental protection are generally wary of each other, and it is difficult to *** enjoy the information and linkage of law enforcement, which leads to the existence of regulatory blind zones and hidden accidents. In the case of the explosion of hazardous chemicals in Tianjin Port, the press spokesman of the department concerned was unaware of the specific information on hazardous chemicals. This phenomenon of sectoral division by sector must be corrected through legislation, such as for the EIA and safety assessment, should be strengthened to build a comprehensive openness of information; integration of the content and procedures of the safety assessment and EIA, to encourage a single agency to carry out the same project for the same project to carry out the safety assessment and EIA two work; to build a *** with the same regulatory information platform, to strengthen the safety regulation of hazardous chemicals and environmental regulation of the communication of information and automatic early warning, the Establishing a new model of coordinated supervision and enforcement