1 Administrative Penalty Decision of Changde Municipal Bureau of Quality and Technical Supervision, Quality Supervision Penalty Word [2018] No. 14 1. Basic information of the administrative counterpart: Administrative counterpart: Wuling District Maijiale Tobacco and Liquor Firm

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Changde Municipal Quality and Technical Supervision Bureau

Administrative Penalty Decision

(Xiang-Chang) Quality Supervision Penalty Word [2018] No. 14

1. Administrative counterpart Basic situation:

Administrative counterpart: Wuling District Mai Jiale Tobacco and liquor store

Registration number: 430702600537406

Business location: Changde City Furong Street, Wuling District, Luokou Community, Changde Vocational and Technical College, next to the second canteen

2. Find out the facts:

According to complaints from the masses, on September 14, 2018, Changde City Quality The law enforcement officers of the Technical Supervision and Inspection Detachment, together with the staff of the Changde City Fiber Inspection and Supervision Administration, conducted a law enforcement inspection on the Maijiale Tobacco and Liquor Store in Wuling District, which is located in Changde Vocational College. The law enforcement officers found a large number of cotton tires stacked outside the store and inside the store. The cotton batting is wrapped in white plastic, and the appearance mark is: Jiemeng pure cotton. There is no factory name and factory address, and no certificate of conformity has been found. According to statistics, there are 41 beds of this cotton batting, and the size of each bed is 1.5mX2m. Law enforcement officers sealed up the on-site inventory of cotton batting in accordance with the law, and randomly selected 3 bats for inspection according to the standards. Changde City Fiber Inspection and Supervision Administration Bureau inspected them; "The inspection items of this product - raw material requirements, do not meet the mandatory requirements in GB18383-2007 According to the requirements of sexual clauses 4.1.1 and 4.1.2, the inspection conclusion is unqualified." After investigation and verification by the person in charge of the commercial bank, this batch of cotton tires was sold door-to-door by a man surnamed Wei. A total of 50 mattresses were purchased at a purchase price of 25 yuan/bed, and a total of 9 mattresses were sold at a sales price of 35 yuan/bed, involving the value of the goods. The amount was 1,340 yuan, and the illegal income was 90 yuan. After receiving the unqualified report, the administrative counterpart promptly recovered the 9 sheets of cotton tires sold and handed them over to our bureau for seizure.

Main evidence: 1. Complaint report form: prove the source of the case; 2. On-site inspection records and on-site inspection photos: prove the fact that law enforcement officers inspected the administrative counterpart in accordance with the law, and relevant information about the inventory of cotton tires; 3. Product quality supervision and spot inspection/ Review sampling sheet (0003546): proves the fact that law enforcement officers sampled 3 sheets of stocked cotton batting in accordance with the law; 4. (Xiangchang) Quality Supervision Qiangzi [2018] No. 23 Administrative Enforcement Measures Decision: proves that law enforcement officers conducted sampling of 3 cotton batts in stock in accordance with the law; The 38 unsold cotton batts will be sealed; 5. A copy of the ID card and a corporate credit information disclosure report: to prove the subject qualifications of the administrative counterpart; 6. Inspection report (F20183128): to prove the inspection items of this batch of cotton batts ——The raw material requirements do not meet the requirements of the mandatory provisions 4.1.1 and 4.1.2 of GB18383-2007, and the inspection conclusion is unqualified; 7. The two inspection reports (F20183128) are delivered to the certificate: Proof of Changde Vocational College Logistics Department and administrative counterparts have received the inspection report; 8. (Xiangchang) Quality Supervision Jiefengzi [2018] No. 23 Unsealing Decision, (Xiangchang) Quality Supervision Qiangzi [2018] No. 24 Administrative Compulsory Measures Decision: Proof Law enforcement officers unsealed and seized 38 unsold cotton tires from the firm; 9. Investigation records: prove the purchase method, purchase price, sales price, and sales target of this batch of cotton tires; 10. Sales return registration form: prove that the firm 9 beds of cotton tires sold were recovered; 11. (Xiangchang) Quality Supervision Qiangzi [2018] No. 25 Administrative Enforcement Measures Decision: proves that law enforcement officers seized 9 beds of cotton tires recovered after sales by the firm. 12. Inspection product (commercial) product receipt form: proves that law enforcement officers took back and detained the 3 defective cotton tires submitted for inspection.

3. Handling opinions:

The actual inspection result of "raw material requirements" for the cotton batting sold by the administrative counterpart is "fiber product scraps and reprocessed fibers", which does not comply with the mandatory provisions 4.1.1 and 4.1 of GB18383-2007. 2 requirements, which violates the provisions of Articles 4 and 7 of the "Measures for the Supervision and Administration of the Quality of Fiber Products Used in Floss". Penalties are imposed in Article 49 of the Product Quality Law of the Republic of China, and in conjunction with the provisions of Chapter 1, Section 1, Article 1, Item 2 of the "Hunan Provincial Quality and Technical Supervision Administrative Penalty Discretionary Benchmark", the administrative counterpart sells unqualified cotton. The behavior of the tire was a serious illegal act. In view of the fact that the administrative counterpart could actively cooperate with the investigation, the sold cotton tire was recovered and handed over to the quality supervision department for processing, and no harmful consequences were caused. According to the second section of the "Administrative Punishment Law of the People's Republic of China" The provisions of paragraph 1 of Article 17 should reduce the punishment. In accordance with the provisions of Article 49 of the "Product Quality Law of the People's Republic of China", it is decided to impose the following administrative sanctions:

1. Order to stop selling substandard products;

2. Confiscate the substandard cotton 50 beds.

The administrative counterpart shall pay the above fine (confiscation) to the account: Changde Municipal Finance Bureau's non-tax income remittance settlement account within fifteen days from the date of receipt of this decision letter. The payment bank is as follows: Account number: 43001520368058950011, account opening bank: Gaoshan Street Branch, Changde City, China Construction Bank; if payment is not made within the time limit, this bureau will take the following measures in accordance with Article 51 of the "Administrative Punishment Law of the People's Republic of China":

The penalty amount will be calculated daily An additional fine of 3% will be imposed;

applies to the People's Court for enforcement.

If the administrative counterparty is dissatisfied with the administrative decision, he or she may apply for administrative reconsideration to the higher-level Quality and Technical Supervision Bureau or the Changde Municipal People's Government that made the decision within 60 days from the date of receipt of this decision, or apply to Changde City within six months. The Wuling District People's Court filed a lawsuit.

Changde Quality and Technical Supervision Bureau

November 27, 2018

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(Xiang-Chang) Quality Supervision Punishment [2018] No. 12

1. Basic information of the administrative counterpart:

Administrative counterpart: Wuling District Anjie Paper and Plastic Products Factory

Unified social credit code: 92430702MA4L8BCL5X

Operator: Zeng Fanlong

Address: Group 6, Jinshidi Village, Ludishan Township, Wuling District, Changde City

2. Find out the facts:

According to the Changde Municipal Quality and Technical Supervision Bureau forwarded the Hunan Provincial Quality Supervision Bureau's " According to the requirements of the 2018 "Quality Supervision Sword" Action Work Plan, on August 6, 2018, law enforcement officers from the inspection detachment of our bureau conducted a law enforcement inspection of Anjie Paper and Plastic Products Factory in Wuling District. The unified social credit code of the factory's business license is: 92430702MA4L8BCL5X, the national industrial product production license number is: Hunan XK16-204-00380. During the inspection of the factory's production workshop, there were 9 production equipment and 6 workers producing disposable plastic cups (QQ cups); the factory was unable to provide raw and auxiliary material acceptance verification, production, sales and other records, and was unable to provide factory inspection reports . There are 600 boxes of disposable plastic cups (QQ cups) with intact seals stacked in the finished product warehouse of the factory. Each box has 20 pieces, 26 pieces each, and the specification is 200ml/piece. Law enforcement officers inspected the 600 boxes of disposable plastic cups with intact seals according to standards. Cups (QQ cups) were sampled and inspected by the Jingzhou Product Quality Supervision and Inspection Institute of Hubei Province: "The sample's sensory, volume deviation, load-bearing performance, and temperature resistance properties do not meet the requirements of GB/T18006.1-2009." After investigation and verification by the person in charge of the factory: the factory did not record the acceptance verification status, production process, and sales situation of raw and auxiliary materials in accordance with the provisions of the "Food Related Products Production License Review Rules", and did not conduct product factory inspection; the batch was not A total of 600 boxes of qualified disposable plastic cups (QQ cups) have been produced, with a sales price of 13 yuan/box. The products have been sold, involving a value of 7,800 yuan. Because the factory cannot provide production cost account books, it is impossible to accurately calculate production costs and cannot accurately Calculate illegal income.

Main evidence: 1. Changde Municipal Quality and Technical Supervision Bureau forwarded the Provincial Quality Supervision Bureau’s "2018 "Quality Supervision Sword" Action Work Plan": proving the source of the case; 2. Hunan Provincial Quality Supervision Bureau Industrial Product Production License Inquiry System The national industrial product production license information of the factory queried, and the industrial and commercial registration information of the factory queried by the National Enterprise Credit Information Publicity System: prove the subject qualifications of the administrative counterpart; 3. On-site inspection transcripts and on-site inspection photos on August 6: prove that law enforcement officers comply with the law The fact that the administrative counterpart was inspected, and the product information of the disposable plastic cups (QQ cups) in stock; 4. Product quality supervision spot inspection/re-inspection sampling sheet (0003541): proves that law enforcement officers inspected the disposable plastic cups produced by the administrative counterpart in accordance with regulations and law The fact that plastic cups (QQ cups) were sampled; 5. Copy of driver’s license: prove the identity information of the person under investigation; 6. Inspection report (No: CD02018234097): prove the batch of disposable plastic cups (QQ cups) sampled It is a substandard product. 7. Inspection report (No: CD02018234097) delivery receipt: proves that the administrative counterpart has received the inspection report; 8. Investigation transcript on August 10: proves that the factory did not inspect and verify raw and auxiliary materials in accordance with regulations during production. , production process and sales records, and the fact that factory inspection was not carried out as required; 9. Notice of order to correct: proves the fact that the administrative department is required to complete relevant records and carry out factory inspection as required; 10. Investigation transcript on August 20: Proof The production quantity, sales quantity and sales price of this batch of unqualified products.

3. Handling Opinions:

The administrative counterpart failed to record the acceptance and verification of raw and auxiliary materials, production process, and sales situation, and failed to conduct product factory inspection. This behavior is inconsistent with the continued maintenance of production licenses stipulated in the "Food Related Product Production License Review Rules" The necessary conditions for the license are not met and violates Article 46 of the "Implementation Measures of the Regulations of the People's Republic of China on the Administration of Industrial Product Production Licenses" "Enterprises that have obtained production licenses shall ensure that product quality is stable and qualified, and continue to maintain the specified conditions for obtaining production licenses." According to the provisions of Article 53 of the "Implementation Measures of the Regulations of the People's Republic of China on the Administration of Industrial Product Production Licenses": the administrative counterpart is ordered to make immediate corrections in accordance with the requirements of the "Food Related Products Production License Review Rules".

’s administrative counterpart’s behavior of producing and selling substandard products violates Article 32 of the Product Quality Law of the People’s Republic of China: “Producers shall not adulterate or adulterate their products, and shall not pass off fakes as genuine or substandard products. "Substandard products shall not be passed off as qualified products", combined with the relevant provisions of Chapter 1, Section 1, Article 2, Item 3 of the "Hunan Province Quality and Technical Supervision Administrative Penalty Discretionary Benchmark Catalog", unqualified products produced by the administrative counterpart It has been sold and cannot be recalled, which is a serious illegal act. According to the provisions of Article 50 of the "Product Quality Law of the People's Republic of China": ordered to stop production and sales of substandard products and fined RMB 20,000 (￥20,000.00).

The administrative counterpart shall pay the above fine (confiscation) to the account: Changde Municipal Finance Bureau's non-tax income remittance settlement account within fifteen days from the date of receipt of this decision letter. The payment bank is as follows: Account number: 43001520368058950011, Account opening bank: Gaoshan Street Branch, Changde City, China Construction Bank; if payment is not made within the time limit, this bureau will take the following measures in accordance with Article 51 of the "Administrative Punishment Law of the People's Republic of China":

(1) Daily An additional fine of 3% of the penalty amount shall be imposed;

(2) Apply to the People's Court for enforcement.

Changde Quality and Technical Supervision Bureau

October 22, 2018

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(Xiang-Chang) Quality Supervision Penalty Letter [2018] No. 11

1. Basic information of the administrative counterpart:

Administrative counterpart: Changde Zuo Brothers Building Materials Sales Co., Ltd.

Legal representative: Zuo Bo

Address: Changde Liuye Lake Tourist Resort Liuye Lake Street Shuangqiao Community Group 10

2. Ascertain the facts:

Changde Liuye Lake Tourist Resort Food and Drug Administration for Industry and Commerce Quality Supervision When law enforcement officers conducted an on-site inspection of the administrative counterpart's steel loading and unloading site on June 8, 2018, they found that the administrative counterpart was using an electric hoist gantry crane with the equipment code 42704120720150004 to load and unload steel. Based on the regular inspection report provided by the person in charge of the company, and after investigation, law enforcement officers found that the next inspection date of the crane (equipment code: 42704120720150004) used by the administrative counterpart was November 2017. Law enforcement officers issued an on-site special equipment safety supervision order numbered (Xiangchangliu) No. 8 [2018] Special Equipment Safety Supervision Instruction, ordering the administrative counterpart to immediately stop using cranes that have not been regularly inspected. On June 12, 2018, law enforcement officers from the Food and Drug Administration for Quality Supervision and Administration of Liuye Lake Tourist Resort in Changde inquired with the Changde Branch of the Hunan Provincial Institute of Special Equipment Inspection and Testing and learned that the electric hoist gantry crane (equipment) used by the administrative counterpart The code is 42704120720150004) The next inspection date is November 2017, and the administrative counterpart handled the crane declaration inspection business on June 8, 2018.

After the law enforcement officers of the Changde Municipal Quality and Technical Supervision Bureau received the case clue transfer form from the Changde Liuye Lake Tourist Resort Food and Drug Administration for Industry and Commerce Quality Supervision on June 27, 2018, the law enforcement officers reported to the administrative department on July 2, 2018. During the inspection, it was found that the rated lifting capacity of the administrative counterpart's electric gantry crane is 10 tons; the product number is 15040009; the equipment code is 42704120720150004; the next inspection date is November 2017. During the inspection, the administrative counterpart had stopped using the crane. After an investigation with the person in charge of the company, it was learned that inspectors from the Changde Branch of the Hunan Special Equipment Inspection and Testing Institute conducted a regular inspection of the electric hoist gantry crane (equipment code: 42704120720150004) on June 19, 2018, and the preliminary conclusion was that It is deemed unqualified and must be corrected within a time limit. The administrative counterpart immediately rectified the unqualified items, passed the re-inspection on July 6, 2018, and obtained a qualified periodic inspection report for the gantry crane.

3. Main evidence:

1, Changde Liuye Lake Tourist Resort Food and Drug Administration for Quality Supervision case clue transfer form confirms the source of the case;

2, Changde Liuye Lake Tourist Resort Food and Drug Administration for Quality Supervision, provided by law enforcement personnel The on-site transcripts, investigation and inquiry transcripts, the reply letter from the Changde Branch of the Hunan Special Equipment Inspection and Testing Institute, and the "Major Maintenance Supervision and Inspection Report on Mechanical Installation and Transformation of Bridge and Gantry Cranes" (Report No.: QJ-201500108) confirmed that Changde Zuo Brothers Building Materials The fact that the next inspection date of the electric hoist gantry crane (equipment code is 42704120720150004) used by the Sales Co., Ltd. is November 2017;

3, law enforcement officers of the Food and Drug Administration for Quality Supervision and Administration of Changde Liuye Lake Tourist Resort in 2018 On-site photos taken on June 8, 2018, on-site records and investigation records confirm the fact that Changde Zuo Brothers Building Materials Sales Co., Ltd. is using an electric hoist gantry crane that has not been regularly inspected;

4, numbered (Xiang Changliu) Quality Supervision Special Order [2018] No. 8 Special Equipment Safety Supervision Instruction confirms that law enforcement officers of Changde Liuye Lake Tourist Resort Food and Drug Administration for Industry and Commerce Quality Supervision ordered Changde Zuo Brothers Building Materials Sales Co., Ltd. to immediately stop using cranes that have not been regularly inspected. Facts;

5, the on-site transcript of the law enforcement personnel of the Changde City Quality and Technical Supervision Bureau confirmed the fact that Changde Zuo Brothers Building Materials Sales Co., Ltd. has stopped using cranes without regular inspections in accordance with the requirements of the Special Equipment Safety Supervision Instruction;

6, Changde City Quality Technology Investigation transcripts of the Supervision Bureau, situation reports provided by Changde Zuo Brothers Building Materials Sales Co., Ltd.; "Periodic Inspection Report of Bridge and Gantry Cranes" (Report No. QD-J201800311); Special Equipment Use Marks; Hunan Province Non-tax Income General Payment The letter of remittance (2506474166) confirms the fact that Changde Zuo Brothers Building Materials Sales Co., Ltd. used a crane that was not regularly inspected, and promptly applied for inspection after receiving the special equipment safety supervision instruction and took the initiative to correct the illegal behavior without causing any harmful consequences;

7, administrative counterpart The provided business license and ID card of the legal representative confirm the fact that the administrative counterpart is responsible.

Our Bureau sent the Administrative Penalty Notification to the administrative counterpart on September 29, 2018, informing the administrative counterpart of the facts, reasons, basis and content of the penalty that our Bureau intends to impose, as well as the administrative counterpart’s right to apply for a hearing in accordance with the law. , the right to state and defend. If the administrative counterpart fails to submit a hearing, statement, or defense within the statutory time limit, the party concerned shall be deemed to have waived the above rights.

IV. Decision:

The administrative counterpart’s use of cranes that have not been regularly inspected has violated Article 40, Paragraph 3, of the Special Equipment Safety Law of the People’s Republic of China, “Special equipment that has not been inspected regularly or has failed to pass the inspection shall not be used.” "Continue to use."; combined with the provisions of Chapter 6, Section 1, Article 15 of the "Hunan Province Quality and Technical Supervision Administrative Punishment Discretionary Standards" "Illegal acts lasting more than six months" are serious violations; according to Article 84 of the "Special Equipment Safety Law of the People's Republic of China" "If a unit using special equipment commits any of the following acts in violation of the provisions of this Law, it shall be ordered to stop using the relevant special equipment and shall be fined not less than 30,000 but not more than 300,000: (1) ) The administrative counterparty will be punished for using special equipment produced without a license, without inspection or failing inspection, or special equipment that has been explicitly eliminated or scrapped by the state. However, if the administrative counterpart immediately stops illegal activities after receiving the special equipment safety supervision instruction, actively cooperates with law enforcement officers, promptly declares periodic inspections and obtains qualified periodic inspection reports without causing harmful consequences, according to the "Hunan Provincial Quality and Technical Supervision Administration" Article 10 of the "Measures for the Implementation of Penalty Discretionary Power" "If a party has any of the following circumstances, he shall be given a lighter or reduced administrative penalty in accordance with the law: (1) Taking the initiative to eliminate or reduce the harmful consequences of illegal acts; (5) Actively cooperating with the quality and technical supervision department According to the provisions of "Handling Cases", the administrative penalties are reduced in accordance with the law. Our bureau decided to impose the following administrative penalties on the administrative counterpart:

1. A total fine of RMB 10,000 was imposed.(￥: 10,000.00 yuan)

The punished administrative counterpart shall pay the above-mentioned fines and confiscations to the account: Changde Municipal Finance Bureau's non-tax income remittance settlement account within fifteen days from the date of receipt of this decision. Account number: 43001520368058950011, opening bank: China Construction Bank Changde Gaoshan Street Branch. If

fails to perform within the time limit, this bureau will take the following measures in accordance with Article 51 of the "Administrative Punishment Law of the People's Republic of China":

(1), an additional fine of 3% of the penalty amount will be imposed daily;

(2), the applicant Court enforced.

If the party concerned is dissatisfied with this decision, he may apply for administrative reconsideration to the Hunan Provincial Bureau of Quality and Technical Supervision or the Changde Municipal People's Government, which made the decision, within 60 days from the date of receipt of this decision, or apply to the Wuling District People's Government of Changde City within six months. A lawsuit was filed in court.

Changde Quality and Technical Supervision Bureau

October 10, 2018

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(Xiang-Chang) Quality Supervision Penalty [2018] No. 8

1. Basic information of the administrative counterpart:

Administrative counterpart: Wuling District Shuangying Weighing Instrument Factory

Legal representative Person: Fan Xianglin

Address: Group 3, Guantianping Village, Dongjiang Street, Wuling District, Changde City

2. Ascertain the facts:

According to reports from the masses, law enforcement officers of the Changde Municipal Quality and Technical Supervision Bureau conducted an investigation on March 14, 2018 in Dongjiang, Wuling District, Changde City An on-site inspection was conducted at the production site of the administrative counterpart of Group 3 of Guantianping Village, Subdistrict. During the inspection, it was found that the staff of the administrative counterpart were using a single-girder bridge crane (factory number: 06120467; rated lifting capacity: 5 tons) to carry out truck scale inspections. Table lifting operations. After inquiries and investigations from the administrative counterpart and the Changde Branch of the Hunan Special Equipment Inspection and Testing Research Institute, it was found that the last inspection date of this single-girder bridge crane was March 28, 2007, and the due inspection date was March 2008. moon. After investigation and verification with the administrative counterpart, the administrative counterpart began to use the single-girder bridge crane at the end of 2012, and the law enforcement officers issued on-site special equipment safety order numbered (Xiangchangwu) Quality Supervision Order [2018] No. 007 The supervision order ordered the administrative counterpart to immediately stop using single-girder overhead cranes that have not passed periodic inspections. The administrative counterpart immediately made proactive rectifications and obtained a qualified periodic inspection report on April 4, 2018.

3. Main evidence:

1.12365 Complaint and report handling transfer order confirms the source of the case;

2. On-site inspection transcript , investigation transcript, on-site photos, and video data confirm that the administrative counterpart is using a single-girder bridge crane ( Factory number: 06120467; rated lifting capacity: 5 tons);

3. Investigation transcript, inquiry letter and reply letter to Changde Branch of Hunan Special Equipment Inspection and Testing Institute, confirming that the single-girder bridge crane used by the administrative counterpart (factory No.: 06120467; Rated lifting capacity: 5 tons) The fact that it has not been regularly inspected;

4. The business license, a copy of the ID card, the investigation record, and the factory lease agreement confirm the fact that the administrative counterpart is the responsible subject;

5. The number is (Hunan) The Special Equipment Safety Supervision Instruction No. 007 of Changwu) Quality Supervision Order [2018] confirms the fact that law enforcement officers of the Changde Municipal Quality Supervision Bureau ordered the administrative counterpart to immediately stop using special equipment that has not passed regular inspections.

6. The periodic inspection report of the electric single-girder crane numbered QD-J20180100 confirms the fact that your factory actively rectified and proactively eliminated safety hazards and obtained a qualified periodic inspection report on April 4, 2018.

On May 18, 2018, our bureau mailed an Administrative Penalty Notice numbered (Xiangchang) Quality Supervision Report [2018] No. 4 to the administrative counterpart, informing our bureau that it planned to impose a penalty of 30,000 yuan. The content of the fine, the facts, reasons, and basis for the administrative penalty, and your factory’s right to apply for a hearing, statement, and defense in accordance with the law. The administrative counterpart filed a hearing application on May 21, 2018, and our bureau filed an application for a hearing on June 6, 2018. Administrative case hearings are held in accordance with the law. At the administrative penalty case hearings, the case handlers will provide evidence based on the source of the case, on-site inspection and inspection conditions, investigation and evidence collection, evidence of mitigating punishment, case handling procedures, and application of law. The administrative counterpart will handle the case handled by our bureau. No objection was raised to the evidence adduced by the officers.The administrative counterpart believes that: 1. The legal understanding is insufficient; 2. The factory was only rented in 2013, and the illegal time should not be calculated from March 2008; 3. He really did not know that the crane needs regular inspections, and he actively corrected his illegal behavior after discovering it, hoping to alleviate it. Penalty; 4. The equipment is qualified, but it has not been regularly inspected, so it is inappropriate to define it as a serious violation; 5. The applicable law should be the Special Equipment Safety Supervision Regulations, and it is hoped that a lighter punishment will be imposed. Our bureau believes that the administrative counterpart has recognized his illegal behavior and proactively eliminated the harmful consequences of the illegal behavior in a timely manner, so the administrative penalty can be reduced. Our bureau mailed a quality supervision report numbered (Xiangchang) to the administrative counterpart on June 15, 2018. Zi [2018] No. 4-1 "Notification of Administrative Penalty" informs our bureau of the planned penalty of a fine of 20,000 yuan, as well as the facts, reasons, and basis for the administrative penalty, and your factory's legal rights to apply for a hearing, statement, and defense. rights, the administrative counterpart filed another hearing application on June 19, 2018. Our bureau held an administrative case hearing in accordance with the law on June 28, 2018. The administrative counterpart believed that: 1. The capabilities of small and micro enterprises are limited; 2. The crane used by the administrative counterpart has not lifted goods of more than three tons; 3. The lease contract The responsibility for periodic inspections is not specified in the contract, and the words "Annual vehicle inspection fees shall be borne by Party B" in the contract were added by the person handling the case; 4. The penalty clause should be applied to Article 83 of the "Special Equipment Safety Law of the People's Republic of China"; 5. We The company actively made corrections subjectively and passed the objective inspection, so it should be given a lighter punishment; 6. It was never informed that the crane needed annual inspection, which felt very unfair. I hope the penalty will be reduced. This Bureau believes that: 1. The gantry crane used by the administrative counterpart has a rated load capacity of 5 tons and is a special equipment; 2. The evidence (lease contract) presented at the hearing is a copy of the original collected by the case handler during the investigation and evidence collection process. , the case handler verified it on site and was confirmed and signed by the administrative counterpart without any changes; 3. The law in this case was applied correctly; 4. Because the administrative counterpart actively corrected the illegal behavior and took the initiative to eliminate the harmful consequences of the illegal behavior, the administrative penalty has been reduced.

IV. Decision:

The administrative counterpart’s use of cranes that have not been regularly inspected has violated Article 40, Paragraph 3 of the Special Equipment Safety Law of the People’s Republic of China, “Special equipment that has not been inspected regularly or has failed to pass the inspection, shall not continue to use", the administrative counterpart's illegal behavior lasts for more than six months, but the administrative counterpart actively rectifies and takes the initiative to reduce the harmful consequences of the illegal behavior, combined with the "Hunan Province Quality and Technical Supervision Administrative Punishment Discretionary Benchmarks" The provisions of Chapter 6, Section 1, Article 15 are serious illegal acts; according to Article 10 of the "Hunan Provincial Quality and Technical Supervision Administrative Punishment Discretionary Implementation Measures" "If the party has any of the following circumstances, he shall be given a lighter punishment or a reduced administrative penalty in accordance with the law." Punishment: (1) Those who take the initiative to eliminate or reduce the harmful consequences of illegal acts:" The administrative penalty shall be reduced in accordance with the law, and in accordance with the "Special Equipment Safety Law of the People's Republic of China" Article 84, Paragraph 1 "Violation of the provisions of this Law, special equipment If the user commits any of the following acts, it shall be ordered to stop using the relevant special equipment and shall be fined not less than RMB 30,000 but not more than RMB 300,000: (1) Using special equipment produced without a license, uninspected or unqualified, or the national "Special equipment that has been explicitly eliminated and has been scrapped" ordered the administrative counterpart to correct the illegal behavior, and decided to impose the following administrative penalties on the administrative counterpart,

1, and impose a fine of RMB 20,000 in total. (￥: 20,000 yuan)

If the party concerned is dissatisfied with this decision, he or she may apply for administrative reconsideration to the Hunan Provincial Bureau of Quality and Technical Supervision or Changde Municipal People's Government within 60 days from the date of receipt of this decision, or apply to Changde Wuling Municipal People's Government within six months. District People's Court filed a lawsuit.

Changde Quality and Technical Supervision Bureau

July 12, 2018

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(Xiang-Chang) Quality Supervision Penalty Letter [2018] No. 7

1. Basic information of the administrative counterpart:

Administrative counterpart: Changde Hongda Management Co., Ltd.

Legal representative: Liu Zheng

Address: No. 1430, Changde Avenue, Xinpo Community, Wuling District, Changde City

2. Ascertain the facts:

According to the Changde Quality and Technical Supervision Issue [2018] No. 1 According to the document requirements of the Changde City Special Equipment Bureau’s 100-day Action Plan for “Cracking Illegal and Censoring Violations” in 2018, law enforcement officers from the Changde City Quality and Technical Supervision Bureau and staff from the Wuling Branch of the Changde City Quality and Technical Supervision Bureau conducted inspections on Changde City on April 25, 2018. An inspection was conducted in the loading and unloading area of ​​the steel market. During the inspection, it was found that two gantry cranes (registration codes: 42704307002006090001; 42704307002010060002) were being used by staff in the area to carry out steel loading and unloading operations. Law enforcement officers inspected on site and found that the above two cranes were The management unit is Changde Hongda Operations and Management Co., Ltd. After consulting the regular inspection reports of the above two cranes and inquiring with the Changde Branch of the Hunan Provincial Special Equipment Inspection and Testing Research Institute, the effective inspection period of the above two cranes is September 2008. July 7 and December 9, 2012. Changde City’s special equipment safety inspection personnel issued an on-site (Xiang-Changwu) Quality Supervision Order [2018] No. 17 Special Equipment Safety Supervision Instruction, ordering the administrative counterpart to immediately stop using lifting machinery that has not been regularly inspected. The administrative counterpart applied for regular inspection to Changde Branch of Hunan Special Equipment Inspection and Testing Research Institute on April 27, 2018.

3. Main evidence:

1. Changde Quality and Technical Supervision Bureau [2018] No. 1 "Changde City Quality and Technical Supervision Bureau's 2018 Changde City Special Equipment "Cracking Illegal and Censoring Violations" 100-Day Action Implementation Plan" confirms the source of the case;

2. On-site inspection Transcripts, investigation transcripts, on-site photos, and video materials confirmed that the administrative counterpart was using two gantry cranes. (Registration codes are: 42704307002006090001; 42704307002010060002)

3. Investigation transcripts, major maintenance supervision and inspection reports on the installation and transformation of bridge and gantry cranes, (gantry) crane acceptance inspection reports and related information provided by the administrative counterpart and to Hunan The inquiry letter and reply letter from the Changde Branch of the Provincial Special Equipment Inspection and Testing Institute confirmed that the two cranes used by the administrative counterpart (registration codes are: 42704307002006090001; 42704307002010060002) have not been inspected overdue;

4, business license, the respondent and the statutory Copy of the representative’s ID card, power of attorney, investigation transcript, and transfer certificate confirming the fact that the administrative counterpart is responsible;

5, Special Equipment Safety Supervision Instruction No. (Xiangchangwu) Quality Supervision Order [2018] No. 017 The letter confirms that the law enforcement officers ordered the administrative counterpart to immediately stop using the special equipment that has not passed the inspection;

6, the special equipment inspection acceptance receipt provided by the administrative counterpart confirms that the administrative counterpart has actively made rectifications and will expire on April 27, 2018. Uninspected lifting machinery must be submitted for regular inspection;

7. The "Special Report on the Overall Relocation Project of Changde Steel Market" provided by the administrative counterpart confirmed that the administrative counterpart was originally scheduled to relocate before 2012, but has not yet moved.

Our Bureau sent the Administrative Penalty Notice to the administrative counterpart on June 14, 2018, informing the administrative counterpart of the facts, reasons, basis and content of the penalty that our Bureau intends to impose, as well as the administrative counterpart’s right to apply for a hearing in accordance with the law. , the right to state and defend. If the administrative counterpart fails to submit a hearing, statement, or defense within the statutory time limit, the party concerned shall be deemed to have waived the above rights.

IV. Decision:

The administrative counterpart’s use of gantry cranes that have not been regularly inspected has violated Article 40, Paragraph 3 of the Special Equipment Safety Law of the People’s Republic of China, “Special equipment that has not been regularly inspected or has failed to pass the inspection.” "Equipment shall not continue to be used", if the administrative counterpart's illegal behavior lasts for more than six months, combined with the provisions of Chapter 6, Section 1, Article 15 of the "Hunan Provincial Quality and Technical Supervision Administrative Punishment Discretionary Standards" Serious illegal acts; the administrative counterpart actively rectifies and takes the initiative to reduce the harmful consequences of illegal acts. According to Article 10 of the "Hunan Provincial Quality and Technical Supervision Administrative Punishment Discretionary Implementation Measures" "If the party has any of the following circumstances, he shall be given a lighter sentence or mitigated in accordance with the law." Administrative penalties: (1) Those who take the initiative to eliminate or reduce the harmful consequences of illegal acts shall reduce administrative penalties in accordance with the law, and in accordance with Article 84, Paragraph 1, of the Special Equipment Safety Law of the People's Republic of China, "Special equipment shall be subject to violation of the provisions of this Law" If the user commits any of the following acts, it shall be ordered to stop using the relevant special equipment and shall be fined not less than RMB 30,000 but not more than RMB 300,000: (1) Using special equipment produced without a license, uninspected or unqualified, or the national "Special equipment that has been explicitly eliminated and has been scrapped" ordered the administrative counterpart to correct the illegal behavior, and decided to impose the following administrative penalties on the administrative counterpart:

1. A total fine of RMB 50,000 was imposed. (￥: 50000.00 yuan)

June 21, 2018

6

(Xiang-Chang) Quality Supervision Punishment [2018] No. 6

1. Basic information of the administrative counterpart:

Administrative counterpart: Hunan Runfeng New Energy Co., Ltd.

Legal Representative: Shen Chaofeng

Address: East side of Changde Avenue, Qiliqiao Community, Qiliqiao Street, Liuye Lake Tourist Resort, Changde City, Hunan Province (opposite to Liuye Lake Bus Station)

2. Ascertain the facts:

According to relevant document requirements, in 2018 On April 27, law enforcement officers from the Changde Municipal Quality and Technical Supervision Bureau inspected the vehicle compressed natural gas cylinder filling site of the administrative counterpart located on the east side of Changde Avenue in Qiliqiao Community, Qiliqiao Street, Liuye Lake Tourist Resort, Changde City, Hunan Province. During the inspection, law enforcement officers found on site that the filling personnel of the administrative counterpart were filling vehicle compressed natural gas cylinders. The filling personnel failed to perform pre- and post-filling inspections as required when filling vehicle compressed natural gas cylinders. And record it in time. When law enforcement officers inspected the administrative counterpart's ledger of pre- and post-filling inspection and filling records for vehicle compressed natural gas cylinders, they found that the last record date was March 21, 2018. The law enforcement officers of our bureau conducted a return visit and inspection on the administrative counterpart on May 14, 2018, and found that the administrative counterpart had implemented the inspection record system before and after filling as required.

3. Main evidence:

1. Notice on the issuance of the "2018 Changde City Special Equipment Hundred-Day Action Plan to "Crack down on Illegal Violations"" (Changqi Jiantefa [2018] No. 1) to confirm the source of the case;

2. On-site inspection Transcripts, investigation transcripts and on-site photos confirm the fact that our bureau’s law enforcement officers inspected the administrative counterpart in accordance with the law;

3. Investigation records, administrative counterpart’s identity certificate and business license confirm the fact that the responsible party is the administrative counterpart;

4. Gas cylinder filling The installation license and special equipment operator qualification certificate confirm the fact that the administrative counterpart has the qualification to fill gas cylinders and can engage in gas cylinder filling activities;

5. The administrative counterpart’s pre- and post-filling inspection and filling of compressed natural gas cylinders for vehicles The record ledger and the filling photos taken on site confirmed the fact that the administrative counterpart failed to implement the pre- and post-filling inspection and recording system as required.

6. Photos of the pre- and post-filling inspection and filling records of vehicle compressed natural gas cylinders taken by law enforcement officers from the Changde Municipal Bureau of Quality and Technical Supervision during a return visit on May 14. The official administrative counterpart has corrected his illegal behavior.

On May 17, 2018, our Bureau sent the Administrative Penalty Notification to the administrative counterpart, informing the administrative counterpart of the facts, reasons, basis and content of the penalty that our Bureau intends to impose, as well as the administrative counterpart’s right to apply for a hearing in accordance with the law. , the right to state and defend.If the administrative counterpart fails to submit a hearing, statement, or defense within the statutory time limit, the party concerned shall be deemed to have waived the above rights.

4. Handling decision:

The administrative counterpart’s failure to implement pre- and post-filling inspection and recording systems as required has violated Article 49, Paragraph 2 of the Special Equipment Safety Law of the People’s Republic of China, “The filling unit shall establish a filling "Pre- and post-inspection and recording systems are in place, and the filling of mobile pressure vessels and gas cylinders that do not meet the requirements of safety technical specifications is prohibited." The administrative counterpart actively rectifies and takes the initiative to reduce the harmful consequences of illegal acts and the duration of the illegal behavior is within three months. In combination with the provisions of Chapter 6, Section 1, Article 16 of the "Hunan Provincial Quality and Technical Supervision Administrative Punishment Discretionary Benchmarks", it is relatively Minor illegal acts; according to Article 10 of the "Hunan Province Quality and Technical Supervision Administrative Punishment Discretionary Implementation Measures" "If a party has any of the following circumstances, he shall be given a lighter or reduced administrative penalty in accordance with the law: (1) Actively eliminate or reduce the harm of illegal acts "Consequences" stipulates that lighter administrative penalties shall be imposed in accordance with the law, and in accordance with Article 85, Paragraph 1, of the "Special Equipment Safety Law of the People's Republic of China", "In violation of the provisions of this Law, mobile pressure vessels and gas cylinder filling units shall have any of the following acts" 1. If any violation occurs, he shall be ordered to make corrections and be fined not less than 20,000 yuan but not more than 200,000 yuan; if the circumstances are serious, the filling license shall be revoked: (1) Anyone who fails to implement the pre- and post-filling inspection and recording system in accordance with the regulations shall be ordered to administrative department. The person corrected the illegal behavior, and decided to impose the following administrative penalties on the administrative counterpart:

1. A total fine of RMB 20,000 was imposed. (￥: 20000.00 yuan)

May 23, 2018

7

(Xiang-Chang) Quality Supervision Penalty [2018] No. 5

1. Basic information of the administrative counterpart:

Administrative counterpart: Changde Jinhua Property Service Co., Ltd.

Legal representative: Chen Enwei

Address: Yucai Road, Chaoyang Road Community, Chuanzihe Street Office, Wuling District, Changde City (1st Floor, Building 4, Jinhuayuan Community)

2. Ascertain the facts:

According to the Special Issue of the Regular Quality Supervision [2018] Document No. 1 "Changde Municipal Bureau of Quality and Technical Supervision's 2018 Changde Municipal Special Equipment "Crack down on Illegal Violations" 100-Day Action Implementation Plan requires that law enforcement officers of the Changde Municipal Bureau of Quality and Technical Supervision on April 2, 2018, located at Gaoshang Mingmen in Wuling District After inspection of the elevator use places in the community, it was found that a total of 46 elevators in the community were in operation, and some owners of the community were using them. By checking the elevator use signs in the car, law enforcement officers found that the elevator use management unit of the community was the administrative counterpart, and the next inspection date for the 46 elevators in the community was March 2018. After testing with the Hunan Provincial Special Equipment Inspection According to the Changde branch of the institute, the elevators in this community have exceeded the next scheduled inspection date. The special equipment safety inspection personnel of the Changde Municipal Bureau of Quality and Technical Supervision issued the (Xiang Changwu) Quality Supervision Special Order [2018] (13) No. Special Equipment Safety Supervision Instruction on site, ordering the administrative counterpart to immediately stop using elevators that have not been regularly inspected. , and report for inspection in a timely manner. The administrative counterpart actively made rectifications and applied for periodic inspection on April 2, 2018.

3. Main evidence:

1, Changde Quality and Technical Supervision Bureau [2018] No. 1 "Changde City Quality and Technical Supervision Bureau's 2018 Changde City Special Equipment "Cracking Illegal and Cure Violations" 100-Day Action Implementation Plan" document confirms the source of the case;

2, on-site Inspection records, on-site photos and video materials confirm the fact that law enforcement officers of our bureau inspected the use of elevators in Gaoshang Mingmen Community in accordance with the law, and the fact that the elevators in the community are in use;

3, investigation records, the identity card of the person under investigation, and business license confirmation The fact that the responsible party is the administrative counterpart;

4, the inquiry letter and reply letter to Changde Branch of Hunan Special Equipment Inspection and Testing Research Institute, the elevator use mark and the copy of the elevator regular inspection report confirm that the inspection date of the elevator in Gaoshang Mingmen Community is March 2018;

5. (Xiangchangwu) Special Quality Supervision Order [2018] (13) Special Equipment Safety Supervision Instruction confirms that the special equipment supervisor ordered the administrative counterpart to immediately stop using the elevator that has not been inspected beyond the expiration date and immediately declare for inspection ;

6. Submit a copy of the Hunan Provincial Non-Tax Revenue General Payment Letter from the Changde Branch of the Hunan Provincial Special Equipment Inspection and Testing Institute to confirm that your company declared regular inspections on April 2, 2018.

On May 18, 2018, our Bureau sent the Administrative Penalty Notification to the administrative counterpart, informing the administrative counterpart of the facts, reasons, basis and content of the penalty that our Bureau plans to impose administrative penalties, and that the administrative counterpart has the right to apply for a hearing in accordance with the law. , the right to state and defend. If the administrative counterpart fails to submit a hearing, statement, or defense within the statutory time limit, the party concerned shall be deemed to have waived the above rights.

IV. Decision:

The administrative counterpart’s use of elevators that have not been regularly inspected has violated Article 40, Paragraph 3 of the Special Equipment Safety Law of the People’s Republic of China, “Special equipment that has not been inspected regularly or has failed to pass the inspection, shall not continue to be used. "The administrative counterpart actively rectifies and takes the initiative to reduce the harmful consequences of illegal acts and the illegal acts last within three months, in accordance with Chapter 6 of the "Hunan Province Quality and Technical Supervision Administrative Punishment Discretionary Standards" Chapter 1 The provisions of Article 15 of this Section are relatively minor illegal acts; according to Article 10 of the "Hunan Province Quality and Technical Supervision Administrative Penalty Discretionary Implementation Measures" "If a party has any of the following circumstances, he shall be given a lighter or reduced administrative penalty in accordance with the law: ( 1) "Actively eliminate or reduce the harmful consequences of illegal acts" stipulates that administrative penalties shall be reduced in accordance with the law; and in accordance with Article 84 of the "Special Equipment Safety Law of the People's Republic of China": "In violation of the provisions of this law, a special equipment user unit shall have one of the following acts If the relevant special equipment is used, the person shall be ordered to stop using the relevant special equipment and be fined not less than 30,000 yuan but not more than 300,000 yuan: (1) Using special equipment produced without a license, without inspection or failing inspection, or special equipment that has been eliminated or scrapped by the state "The administrative counterpart was ordered to correct the illegal behavior and decided to impose the following administrative penalties on the administrative counterpart:

1. A total fine of RMB 10,000 was imposed. (￥: 10,000 yuan)

8

(Xiangchang) Quality Supervision Punishment [2018] No. 4

1. Basic information of the administrative counterpart:

Administrative counterpart: Hunan Tianliu Building Materials Co., Ltd.

Legal representative: Xu Shuchao

Address: Group 1, Zhaojiaqi Community, Dongjiao Township, Wuling District, Changde City, Hunan Province (next to the railway bridge)

2. Ascertain the facts:

According to relevant document requirements, on March 27, 2018, law enforcement officers of the Changde Municipal Quality and Technical Supervision Bureau conducted a During an inspection of the production site of the administrative counterpart in Group 1 of Zhaojiaqi Community, Dongjiao Township, Wuling District, law enforcement officers found that the administrative counterpart was using four gantry cranes (factory numbers: 20140161, 20140160, 20130783, and 20130784) for production operations.Law enforcement officers collected relevant information on the four gantry cranes used by the administrative counterpart on site, and inquired with the Changde Branch of the Hunan Provincial Special Equipment Inspection and Testing Institute. The next inspection dates for the four gantry cranes used by the administrative counterpart were 2016. On April 3, 2016, April 3, 2016, December 9, 2015, and December 16, 2015, law enforcement officers issued special equipment numbered (Xiangchangwu) Quality Supervision Order [2018] No. 12 The safety supervision order orders the administrative counterpart to immediately stop using cranes that have not been regularly inspected. The administrative counterpart actively made rectifications and obtained a qualified periodic inspection report on April 20, 2018.

3. Main evidence:

1. The notice on the issuance of the "2018 Changde City Special Equipment Hundred-Day Action Plan to "Crack down on Illegal Violations"" (Changqi Jiantefa [2018] No. 1) confirmed the source of the case.

2. On-site inspection records, investigation records, on-site photos and video materials confirm the fact that our bureau’s law enforcement officers inspected the administrative counterpart in accordance with the law and that the administrative counterpart is using four gantry cranes (factory numbers are 20140161, 20140160, 20130783, 20130784) fact.

3. The special equipment usage registration certificate, inspection report, crane nameplate collected on site by the law enforcement officers of the Changde Municipal Quality and Technical Supervision Bureau, the inquiry letter to the Changde Branch of the Hunan Provincial Special Equipment Inspection and Testing Institute, and the reply from the Special Inspection Institute confirmed that the administrative counterpart was in The fact that the four gantry cranes used were not regularly inspected.

4. Investigation records, identity certificate of the administrative counterpart, power of attorney and business license confirm the fact that the administrative counterpart is the responsible subject.

5. The special equipment safety supervision instruction numbered (Xiangchangwu) Quality Supervision Order [2018] No. 12 issued on site confirmed that the law enforcement officers on site ordered the administrative counterpart to immediately stop using four gantry cranes that have not been regularly inspected. fact.

6, the "Bridge and Gantry Crane Periodic Inspection Report" numbered QD-J201800115, QD-J201800116, QD-J201800117, and QD-J201800118 confirm the fact that the administrative counterpart has actively rectified and obtained a qualified periodic inspection report.

The administrative counterpart’s use of gantry cranes that have not been regularly inspected has violated Article 40, Paragraph 3 of the Special Equipment Safety Law of the People’s Republic of China, which states, “Special equipment that has not been inspected regularly or has failed to pass the inspection shall not continue to be used.” According to the provisions of the regulations, the administrative counterpart's illegal behavior lasts for more than six months, but the administrative counterpart actively rectifies and takes the initiative to reduce the harmful consequences of the illegal behavior. In combination with Chapter 6 of the "Hunan Provincial Quality and Technical Supervision Administrative Punishment Discretionary Benchmarks" Chapter 1 The provisions of Article 15 of this Section are serious illegal acts; according to Article 10 of the "Hunan Province Quality and Technical Supervision Administrative Penalty Discretionary Implementation Measures" "If a party has any of the following circumstances, he shall be given a lighter or reduced administrative penalty in accordance with the law: (1) ) Actively eliminate or reduce the harmful consequences of illegal acts: "The administrative penalties shall be reduced in accordance with the law, and in accordance with Article 84, Paragraph 1, of the Special Equipment Safety Law of the People's Republic of China, "In violation of the provisions of this Law, special equipment users shall have the following Anyone who commits one of the following acts shall be ordered to stop using the relevant special equipment and be fined not less than RMB 30,000 but not more than RMB 300,000: (1) Using special equipment that has not been produced without a license, has not been inspected or has failed to pass the inspection, or has been eliminated or has been eliminated by the state. The administrative counterpart was ordered to correct the illegal behavior according to the provisions of "Scrapped Special Equipment" and decided to impose the following administrative penalties on the administrative counterpart:

1. A total fine of RMB 30,000 was imposed. (￥: 30000.00 yuan)

If the party concerned is dissatisfied with this decision, he or she may apply for administrative reconsideration to the Hunan Provincial Bureau of Quality and Technical Supervision or Changde Municipal People's Government, which made the decision, within 60 days from the date of receipt of this decision or within six months. A lawsuit was filed within the People's Court of Wuling District, Changde City.

(Source: Changde Quality and Technical Supervision Bureau)

(First trial: Chen Weimin Second trial: Wang Hua Final trial: Liao Zishui)