Case Concerning Litigation Supervision of Administrative Penalty of X Company vs. Work Safety Administration of Hubei Province Challenged by Work Safety Administration of Hubei Province
(SPP Guiding Case No. 235)
Key words
Supervision of final administrative judgments; Administrative penalty; Accident investigation report; Construction quality defects; Supervision liability; Procuratorial protest
Summary
In handling litigation supervision cases of administrative penalty involving work safety, where the work safety supervision authority imposes administrative penalties based on violations identified in an accident investigation report approved by the people's government, such as the supervision entity's failure to perform its duties, even if construction quality defects and the supervision entity's failure to perform its duties have not been determined as the main cause of the traffic accident, the people's procuratorate shall exercise supervision in accordance with the law if the people's court annuls the administrative penalty on the grounds of insufficient factual basis.
Relevant provisions
Article 91 of the Administrative Procedure Law of the People's Republic of China
Articles 2, 73, and 74 of the Law of the People's Republic of China on Work Safety (Rev. 2009) (now Articles 2, 86, and 87 in Rev. 2021)
Article 30 of the Law of the People's Republic of China on Administrative Penalties (Rev. 2009) (now Article 40 in Rev. 2021)
Articles 19, 25, 27, 32, 37, and 43 of the Regulations on the Reporting, Investigation, and Disposition of Work Safety Accidents
