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For some time, several grave accidents of public security have happened in a consecutive manner in some regions, especially such accidents as fire, death in public gathering places, leak of dangerous chemicals, explosions or traffic accidents on road, and cases that fake, shoddy or unqualified goods injure the lives and health of the people, which have incurred serious damage to the safety of lives and properties of the people and affected the social order. Against those grave accidents of public security and the hidden dangers existing in work safety, the relevant departments of the state shall take positive measures for treatment and prevention. Some cases, in which, crimes have been constituted, and some civil or administrative cases have been filed with the people's courts and have been put onto the track of jurisdictional procedures for treatment. In order to effectively do a good job in the trial of such cases, safeguard the public security and preserve the legitimate rights and interests of citizens, legal persons and other organizations, we hereby notify the relevant issues as follows: I. The people's courts at all levels shall, from the height of preserving social security, realize the importance and imminence of doing a good job in the trial of such cases involving grave accidents of public security. The public security concerns the basic interests of the people and the overall situation of reform, development and stability. To protect the safety of lives and properties of the people is an important content for the people's courts at all levels to practice the important thought of "Three Representatives" and carry into effect the requirement of exercising judicial power for the interests of the people. The people's courts at all levels shall fully understand the austerity of guaranteeing the public security and intensify the sense of responsibility and imminence to do a good job; fully understand the features of "long-term, difficulty and complexity" to ensure the public security in a new situation, consolidate the thought of unremitting efforts, further intensify the trial of the relevant cases, chastise all kinds of irregularities or crimes that may injure the public security or harm the life, health and property safety of the people, effectively safeguard the social stability and promote the sound development of economy and society in an all-around manner. II. We should carry out in-depth studies over the application scope of laws for the cases involving grave accidents of public security, protect the life, health and property safety of the people. Those cases involving grave accidents of public security have complex legal relationship and are widely concerned by the general public. The relevant people's courts shall, according to the relevant provisions of laws and judicial interpretations, carry out the studies on the relevant application of laws so as to ensure that case trials may achieve organic uniformity of legal effects and social effects. Particularly for the cases involving safety responsibilities in schools, subways, marketplaces, coal-mine enterprises, construction cites, warehouses of hazardous chemicals, gas stations, dining and entertainment places, large social activities and populated public places; for the cases involving the production and sale of shoddy and unqualified goods that damage the life, health and property safety of the people; for the cases that happen in the prevention and control of epidemic diseases; for the cases involving the violation of the provisions of the state by seriously disturbing the market economic order; and for the cases involving the crimes that are constituted due to any grave or particularly big accident as incurred by the negligence of duty, breach or dereliction of duties, failure to fulfill the duties, we should make efforts to formulate the reserve plan for the relevant trials, resolutely give heavy punishments to any crime that may injure the interests of the state and the people according to law, effectively crack down on the occurrence of such cases; handle the relevant civil responsibility issues concerning compensation for damage in a timely manner so as to ensure that the relevant victims may receive judicial relief in a timely and effective manner. III. We should effectively do a good job in the trials of major cases and combine the intensification of judicial trials and judicial publicity. For a case involving any grave accident of public security that has been appealed to the people's court, the court that has accepted it shall regard it as a key task in the present trial work. The main principal shall effectively perform his leading responsibility, deploy capable trial force, and ensure that the facts, evidence, procedures and application of laws for cases be strictly mastered and abided by so as to ensure the timely conclusion of such a case according to law. We should do a god job in the trials of such cases in court, ensure that the facts be clear, evidence be sufficient, the procedures for trial be legal, and the judgment be impartial and in-time. The people's courts at all levels shall, in the course of handling the relevant cases, combine the intensification of judicial trial and judicial publicity, and, by such means of open trial, open sentence, live broadcast of court trials, enlarge the social effects of trials and educate and help the production entities, the relevant departments and the people to intensify the sense of public security and work safety, enhance the capability of safety prevention and give full play to the law publicity of "a trial may educate a lot" so as to effectively prevent and keep any similar case from happening. IV. We should intensify the judicial suggestion and promote the administration by law and the improvement of emergency handling mechanism of grave accidents of public security. The people's courts at all levels shall, in the trial, put focus on analyzing the features of such cases, conclude and summarize the causes of grave accidents of public security, look for problems and discover hidden dangers, set forth judicial suggestion to the relevant departments with aim, prevent and resolve all kinds of risks, promote the administration of administrative organs by law, fill any loophole in respect of public security administration and promote the sound development of the economy and society. Please earnestly implement the above-mentioned Circular. For any new circumstance or problem as encountered in the trial, we should actively solicit the support from the party committee, the people's congress and the government and report it to the people's court at a higher level in a timely manner so as to ensure that the trial functions may be brought into full play and provide a more forceful judicial guaranty for building a well-off society in an all-around manner. |
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