According to the opinions of the Central Committee and the Ministry of public security in 2015, the Ministry of public security in 2016, the Ministry of public security organization on the fire supervision and inspection provisions were revised in part.
First, the need to amend
Since the Ministry of public security and the fire supervision and inspection provisions come into force since 2009 and 2012 revised, on to regulate the public security fire supervision and management, promote social unit to perform their duties in accordance with law play an important role.
But with the development of economy and society, part has not adapted to the current situation: (a) is the party's eighteen years, the central to deepen reform, comprehensively promote the rule of law put forward new requirements, the State Council is transformed the functions of the government, decentralization, the development of service economy has made specific deploy. (two) is "on the comprehensive reform of the public security reform of a number of major issues," the reform of the reform of the fire approval system, simplify procedures, strengthen law enforcement and supervision put forward specific requirements. (III) is in practice exposed fire fighting supervision and inspection, the focus is not prominent, industry regulatory responsibilities and the unit of the main responsibility for the not effective implementation, supervision and law enforcement is not tight problem, it is necessary through revision of rules to be clear.
Two, the revision of ideas and processes
(a) revision of ideas. Carry out the Central Committee and the State Council on comprehensively promote rule of law, the change of government functions, the implementation of public security reform framework, both security and development, reform and innovation, improve the fire approval system, simplify procedures; reform the supervision and inspection mode, establish the crowded field for the focus of supervision and inspection system; to promote the comprehensive management, strengthen the main responsibility; improve the supervision mechanism, clear supervision and law enforcement responsibility.
(two) the revision process. In 2015, the Ministry of public security will be "fire supervision and inspection provisions" revised included in the annual legislative plan, in the current "Fire Law" under the framework of the organization to carry out local amendments. During grass-roots level to carry out research, extensive collection of local government, public security organs, fire control institutions, social units, visited the NPC Law Committee, the Legislative Affairs Office of the State Council, housing and urban construction department, Safety Supervision Bureau and other departments, has held 15 legislative discussion, coordination, demonstration, 3 times issued at all levels of public security fire control institutions seek advice, after full argument, repeatedly modified, forming a decision to amend the draft of the manuscript.
Three, the main contents of the revision
(1) to improve the pre opening inspection system. Further optimize the approval process, improve the efficiency of the approval. Reduce the declaration of materials, cancel the acceptance filing materials, employee pre service education and training records and vocational qualification certificate, application materials was reduced from 6 to 3. Two is the compression processing time limit, will be opened before the check processing time limit from thirteen working days to ten working days. Three is the merger approval, a clear can be combined to handle pre opening inspection and fire inspection, the time limit for the merger to shorten to twenty working days.
(two) the reform of supervision and inspection model. Innovation supervision and inspection methods, strengthen the post regulation. One is to promote comprehensive management, in fourth after an increase of one, the provisions of the public security fire agency organizations to organize fire safety assessment every year, to draw the government organizations and supervise the industry sector, towns, streets and other comprehensive management. Second is to quantify the supervision and inspection, clear public security fire control institutions formulate annual supervision plan, quarterly implementation plan, clear each working day of supervision and management tasks and personnel intensive places checks as a key. Three is to establish a random inspection system, according to the requirements of the State Council on random spot checks, the provisions of the public security fire agencies to establish a double random inspection mechanism. Four is the introduction of professional strength, in order to improve the effectiveness of inspection, the public security fire agencies can be hired or commissioned professional technical institutions or personnel to participate in the supervision and inspection.
(three) to promote the implementation of the main responsibility of the unit. Further highlight the focus of inspection, supervision and guidance units to strengthen self-management. One is the revision of key units to define standards, in Article 6 after added, on categories of key units for fire control safety, revised, outstanding personnel intensive places, and the provisions of the specific criteria determined by the provincial public security fire control institutions. Second is the highlight of units to perform their duties according to law checks, cancel the construction of legitimacy checks the contents of, increase spot checks on the unit person in charge for fire control safety performance of duties, modified four, increase of paragraph 2, focused on a sample of units according to the management and inspection of fire prevention situation. Third is to promote the integrity of the law, in Article 19 after added, the provisions of the fire control institutions of public security organs shall establish an information database of fire safety violations; if the circumstances are serious violations of shall announce to the society, and to inform the relevant industry sectors.
(four) to clarify the responsibility of law enforcement. To promote public security fire control institutions to perform their duties according to law enforcement responsibilities, clear boundary. First, strict law enforcement responsibilities, the provisions of the implementation of fire supervision and law enforcement activities, who checked, who signed, who is responsible for the increase in the provisions of the relevant content of the ban. Two is to strengthen the internal law enforcement supervision, the provisions of the public security organs should improve the standard system of fire administrative discretion, regular quality evaluation of law enforcement, the implementation of law enforcement fault accountability. Third is to promote public law, the provisions of the fire control institutions of public security organs should be to the public supervision and inspection according to law enforcement, the implementation of the main body, responsibility and authority, supervision, examination results, and consciously accept the supervision of entities and citizens. Four is in thirty-sixth after an increase of a clear public security fire department and its staff does not assume the responsibility of fire supervision and management of 4 cases.