People's assessors are the people's assessor work guidance groups established by people's courts at all levels to guide the management of people's assessors. The management of people's jurors includes the personnel management of people's jurors and the daily management of people's jurors participating in trial activities. Personnel management of people's jurors shall be the responsibility of the political work department of the people's court. The political work department shall set up a non-permanent institution or designate a person to be responsible for the personnel management of the people's jurors. The daily management of people's jurors' participation in trial activities shall be determined by the people's court according to the actual situation. The court is solemn and serious. Everyone is equal before the court, and the court has many procedures and regulations. In order to ensure the justice of the court, a jury will be set up to supervise, to ensure that the case can be fair and just, and to better protect people's interests.

Legal basis:

This crime has been abolished due to the promulgation of the 11th Amendment to the Criminal Law, and it has been changed to the crime of forcing and organizing others to carry out illegal risky operations, which will be implemented from March 20021. [Criminal Law] Article 134 Whoever forces others to take risks in violation of regulations, causing heavy casualties or other serious consequences, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; If the circumstances are particularly bad, they shall be sentenced to fixed-term imprisonment of not less than five years. Judicial Interpretation Article 9 of the Provisions of the Supreme People's Procuratorate and the Ministry of Public Security on the Standards for Filing and Prosecution of Criminal Cases under the Jurisdiction of Public Security Organs (Gao Jian Fa Zi [2008] No.36) is suspected of one of the following circumstances: (1) Causing more than one death or serious injury to more than three people; (2) Causing direct economic losses of more than 500,000 yuan; (three) mine production safety accidents, resulting in direct economic losses of more than one million yuan; (4) Other circumstances that cause serious consequences. Opinions of the Supreme People's Court on Further Strengthening the Trial of Criminal Cases Endangering Production Safety [2011] No.20 In order to punish crimes endangering production safety according to law, promote the continuous and stable improvement of the national production safety situation and protect the safety of people's lives and property, the following opinions are formulated on further strengthening the trial of criminal cases endangering production safety. First, attaching great importance to the trial of criminal cases endangering production safety, giving full play to the criminal trial function and punishing crimes endangering production safety according to law are the inevitable requirements for the people's courts to serve the overall situation and the people's justice. Safety in production concerns the safety of people's lives and property and the overall situation of reform, development and stability. At present, the national production safety situation is generally stable and continues to improve, but the situation is still grim and the safety production foundation of enterprises is still weak; The phenomenon of illegal production and neglect of safety production is still very prominent; Serious production safety accidents have occurred from time to time, and serious accidents have increased in some places and industries. Some serious accidents involving production safety have attracted the attention of the whole country, and the related cases have not been handled well, which not only failed to play its due warning role, but also damaged the image of the party and the country and affected social harmony and stability. People's courts at all levels should fully understand the significance of trying criminal cases endangering production safety from a political and overall perspective, earnestly enhance their sense of responsibility, try relevant cases in strict accordance with the law, actively and steadily, and further play the positive role of criminal trial in creating a good safe production environment and promoting stable and rapid economic development. 2, take effective measures to solve the existing problems, and effectively strengthen the trial of criminal cases endangering production safety. In recent years, people's courts at all levels have tried criminal cases that endanger production safety according to law, and a number of criminals who seriously endanger production safety and related duty criminals have been punished by law, which has played a positive role in promoting the sustained, stable and improved situation of production safety throughout the country. 20 10, the Ministry of Supervision and the State Administration of Work Safety, together with the Supreme People's Court and other departments, carried out special inspections on the implementation of accountability for major production safety accidents in some provinces and cities. Judging from the inspection, the overall situation of the trial work is good, but there are still some problems in the application of the law or the specific grasp of the criminal policy of tempering justice with mercy, which need to be strengthened. People's courts at all levels should attach great importance to ensuring that the trial of related cases has achieved good legal and social effects. Second, the trial principles of criminal cases endangering production safety 3. Strictly abide by the law, hell to pay. Crimes that seriously endanger production safety, especially related duty crimes, must always be severely punished according to law. Cases that are widely concerned by the people and strongly reflected by the society should be concluded in time, respond to the concerns of the people, and maintain social harmony and stability. 4. Distinguish responsibilities and balance sentencing. Crimes endangering production safety often involve many people and complex subjects, including those directly engaged in production and operation, as well as responsible persons, managers, actual controllers and investors. Responsible for organizing, directing and managing production and operation, and some also involve dereliction of duty by state staff. The handling of the relevant responsible person shall be comprehensively considered according to the factors such as the cause of the accident, the harmful consequences, the main responsibility and the size of the fault. , comprehensive consideration of the whole case, the correct division of responsibilities, so that the crime and punishment to adapt. 5. Equality of subjects ensures justice. In the trial of criminal cases endangering production safety, all responsible subjects must strictly implement the principle of criminal law that everyone is equal before the law, and ensure that the penalty is applied fairly and the judgment effect is good. Third, correctly determine the responsibility 6. In the trial of criminal cases endangering production safety, the investigation and determination made by the government or relevant functional departments on the cause of the accident, the size of losses, the division of responsibilities, etc. according to law can be used as the basis for determining responsibility by cross-examination in court and other evidence. 7. To determine whether the relevant personnel violate the relevant safety management regulations, it shall be based on relevant laws and administrative regulations, refer to local laws and regulations, national standards and industry standards, and if necessary, refer to recognized practices and safety production rules and regulations and operating procedures formulated by production and business units. 8. In case of production safety accidents caused by various reasons, while distinguishing between direct causes and indirect causes, we should distinguish between primary causes and secondary causes according to the role of causes in causing accidents, confirm primary and secondary responsibilities, and reasonably determine responsibilities. Under normal circumstances, responsible persons, managers, actual controllers and investors who are responsible for organizing, directing or managing the production and operation, violate the relevant provisions on the administration of production safety, and play a decisive and key role in the occurrence of major production safety accidents shall bear the main responsibility. If the personnel directly engaged in production and business operations violate the safety management regulations and have a major production safety accident, it is necessary to comprehensively consider the qualifications of the actor, working hours, safety education and training, site conditions, whether they are forced to work by others, and the implementation of safety production rules and regulations by production and business units. Direct responsibility cannot be simply equated with primary responsibility. The staff responsible for the management and supervision of production safety shall, according to their job responsibilities, performance basis and performance time, comprehensively inspect their job responsibilities, supervision conditions, performance ability and performance, and reasonably determine their guilt. Four. Accurate application of law. Strictly grasp the boundary between the crime of endangering production safety and the crime of endangering public safety by other dangerous methods, and the intention of illegal command in production and operation should not be regarded as the intention of endangering the result. 10. Whoever evades the supervision and management of production safety by bribery, or illegally produces and operates, resulting in a major production safety accident, which constitutes several crimes, shall be punished in accordance with the provisions on combined punishment for several crimes. Whoever, in violation of the provisions on the administration of production safety, illegally mines, destructively mines or discharges, dumps or disposes of harmful substances, seriously pollutes the environment, causes heavy casualties or other serious consequences, and at the same time constitutes a crime of endangering production safety and undermining the protection of environmental resources, shall be punished in accordance with the provisions on combined punishment for several crimes. 165438+ 12. In non-mine production safety accidents, it is recognized that the main qualifications of "directly responsible person in charge and other directly responsible personnel" and "person with reporting responsibility" constitute "serious casualty accidents or other serious consequences", "particularly bad circumstances", failure to report or lie about the accident, delaying accident rescue, and "serious circumstances" , can be put forward to the Supreme People's Court. 5. Accurately grasp the criminal policy of combining leniency with severity 13. In the trial of criminal cases endangering production safety, factors such as the number of casualties, economic losses, environmental pollution, social impact, the correlation between the cause of the accident and the defendant's duties, the defendant's subjective fault, the defendant's rescue performance after the accident, and the performance of compensation liability should be comprehensively considered. Correctly apply the penalty to ensure the unity of the legal effect and social effect of the judgment. 14, causing "serious casualty accidents or other serious consequences" as stipulated in Article 4 of the Interpretation on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases Endangering Mine Production Safety, and having one of the following circumstances at the same time, it can also be considered as "particularly bad circumstances" as stipulated in Articles 134 and 135 of the Criminal Law: (1) illegal production; (two) there is no basic labor safety facilities or no necessary labor protection articles for production and operation personnel, and the labor safety of production and operation personnel can not be guaranteed; (3) Being punished by the supervision and management department or ordered to make corrections because the facilities or conditions for safe production do not meet the national requirements, and violating the rules again within one year, resulting in a major production safety accident; (four) shut down or deliberately destroy the necessary safety warning equipment; (five) the hidden dangers of accidents have been discovered, and effective measures have not been taken, resulting in major accidents; (6) Failing to actively rescue personnel after the accident, or destroying, forging or hiding evidence that affects the investigation of the accident, or transferring property to evade responsibility; (seven) other particularly bad circumstances. 15, related crimes, under any of the following circumstances, will be severely punished according to law: (1) State staff illegally invest in production and operation enterprises, which constitutes a crime of endangering production safety; (two) corruption and bribery are related to the accident; (three) there is a direct causal relationship between the duty crime of state staff and the accident; (four) to evade the supervision and management of production safety by bribery, or illegal production and operation; (five) after the production safety accident, the state staff responsible for reporting the accident concealed or lied, and delayed the accident rescue, which does not constitute the crime of concealing or lying about the safety accident; (6) after the accident, moving, hiding or destroying the bodies of the victims, or destroying, forging or hiding evidence that affects the investigation of the accident, or transferring property to evade responsibility; (seven) because the safety production facilities or conditions do not meet the requirements of the state, the supervision and management departments have punished or ordered to make corrections, and once again violated the rules within one year, resulting in a major production safety accident. 16, after the accident, actively rescue, try to recover the accident losses, and effectively avoid the expansion of losses; Those who actively cooperate with the investigation and compensate the victims for their losses may be given a lighter punishment according to law. Six, according to the correct application of probation and commutation, parole 17, for less harmful consequences, do not bear the main responsibility in the accident, in line with the applicable conditions of probation law, probation can be applied according to law, but we should pay attention to the specific circumstances of the case, treat it differently, and strictly control it to avoid the negative impact caused by improper application. 18. In principle, probation is not applicable to defendants who have the following circumstances: (1) Those who have the circumstances specified in Articles 14 and 15 of this opinion; (2) Combined punishment for several crimes. 19, probation can be announced according to the crime situation, and criminals are prohibited from engaging in specific activities related to safety in production during the probation period. 20. For cases involving commutation and parole of crimes endangering production safety, the provisions of the Criminal Law, the Criminal Procedure Law and relevant judicial interpretations must be strictly implemented. The decision of commutation or parole depends not only on the penitence of the criminal during his sentence, but also on the facts, nature, circumstances and social harmfulness of the crime as determined in the original judgment. Seven. Strengthen organizational leadership and pay attention to coordination and cooperation. For major and sensitive cases, members of the collegial panel should make full pre-trial preparations, comprehensively and objectively grasp the case, and ensure that the trial of the case is safe, smooth and fair according to law. 22, the trial of criminal cases endangering production safety, involving professional and technical issues, there should be a written opinion or judicial expertise issued by the relevant authorities; People's jurors with relevant professional knowledge may be invited to participate in the collegial panel according to law. 23. The clues of dereliction of duty, corruption, bribery and other illegal crimes behind the safety production accidents found in the trial work shall be transferred to the relevant departments for handling according to law. If the defendant exempted from criminal punishment is minor, the people's court may recommend the relevant departments to give him administrative or disciplinary sanctions. 24. If the defendant has the status of a state functionary, after the case is concluded, the people's court shall promptly serve the effective judgment document on the administrative supervision organ and other relevant departments. 25, for cases that cause heavy casualties, we should make full use of legal measures such as property preservation, and earnestly safeguard the victim's right to compensation according to law. For cases where the defendant is unable to pay compensation, it is necessary to rely on the local party Committee and government to do a good job in the aftermath. 26, actively participate in the comprehensive management of production safety. For the outstanding problems in safety production management found in the trial, judicial suggestions should be issued to urge the relevant departments to strengthen the awareness and system construction of safety production, improve the accident prevention mechanism, and prevent similar accidents from happening. 27. Pay attention to publicity. For typical cases of social concern, we should pay attention to the publicity and reporting of trials, standardize the release of referee information, respond to social concerns in a timely manner, and give full play to the educational warning role of major typical cases. 28, the people's courts at all levels should perform their judicial duties in accordance with the law at the same time, timely sum up the trial experience, in-depth investigation and study, and promote the continuous improvement of the level of trial work. Higher courts should focus on major production safety accident cases within their jurisdiction, strengthen supervision and guidance on the trial of criminal cases endangering production safety in lower courts, timely check the trial of such cases, and put forward targeted guidance.