新修《安全生产法》对生产经营单位安全生产保障义务的新要求

The New Requirements of Work Safety Safeguard Obligation to Business Entities in the Work Safety Law of 2021 Amendment Version

为探究新修《安全生产法》在生产经营单位安全生产保障义务方面的新变化,本文从安全生产主体责任方面暴露的突出问题入手,对新修《安全生产法》中生产经营单位安全生产保障义务提出的保障义务内容、主要变化、不履行保障义务的法律风险进行详细分析,结果显示,变化主要体现在:安全保障义务从生产安全向公共安全拓展;从个别(局部)责任向全员责任拓展;从人的行为向人的心理拓展。对于不履行义务处罚力度加重、联合惩戒风险增加还可能承担刑事制裁风险。并针对这些变化提出生产经营单位贯彻落实好《安全生产法》的建议。

In order to explore the new changes in the work safety safeguard obligation to the business entities in the Work Safety Law of 2021 amendment version,in this paper,the content and changes of the work safety safeguard obligation proposed to the production and operation entities in the Work Safety Law of 2021 amendment version and the legal risks resulted from the noncompliance of safeguard obligation were analyzed in detail starting with the outstanding issues exposed in the main responsibility of work safety.The results show that the changes are mainly reflected in that the safety safeguard obligations are expanded from work safety to public safety;that the responsibility is expanded from the individual(partial)to the full member;and that the scope is expanded from human behavior to human psychology.The noncompliance of safeguard obligation would not only subject to the rigorous punishment,but also would be faced with the risks of the joint punishment and the criminal punishment.Suggestions on how to better implement the Work Safety Law by the production and operation entities are put forward in response to these changes.