1. Safety inspection is an important guarantee to achieve the Expo objectives of the Shanghai World Expo.
Public safety is related to human life, health and property safety, and has become a global concern. The World Expo is a very large-scale activity with a high concentration of people, and safety is one of the core issues of the World Expo. Although safety work will not be directly appreciated by visitors like exhibitions and performances, it is a crucial link, and a safe environment will provide the ultimate guarantee for achieving the grand goal of successfully hosting the World Expo. Therefore, holding the World Expo safely has become an important concept in preparing for the Shanghai World Expo. Organizers have the obligation to guard against potential security threats and take relevant measures to protect the safety of exhibitors and visitors in the Expo site.
The public security work of the World Expo is all-round and all-round. On the one hand, it is necessary to improve the ability to respond to public safety incidents. On the other hand, we should move the public security work forward, build an efficient early warning mechanism through system construction and normal management, find hidden dangers in time, control risks to a minimum, and nip in the bud. We should fully realize that from the perspective of economic benefits and social impact, the value of prevention beforehand is greater than that of relief afterwards. In order to achieve the above objectives, organizers need to perform their duties of safety inspection during the World Expo and earnestly exercise their rights of safety inspection.
Second, the meaning and legal basis of Expo organizers' right to safety inspection.
(A) the meaning of Expo organizers' right of safety inspection
1. Definition of safety inspection right
The organizer's right of safety inspection refers to the organizer's right to conduct professional inspection on the people and articles entering the park. First of all, the main body of implementing the right of safety inspection is the organizer of the World Expo; Secondly, the object of the right of safety inspection is mainly to check the safety of exhibitors and visitors and their property; Thirdly, safety inspection is a kind of professional inspection, which needs professionals to complete with the help of specific scientific and technological means.
2. The content of the right of safety inspection
The specific contents of the Expo organizer's right to safety inspection include the following rights:
(1) inspection right. The organizer's inspection right refers to the inspection of the inspection object by specific means to determine the types and characteristics of the goods, and to judge whether they belong to prohibited or restricted goods.
(2) the right to refuse. The organizer's right to refuse refers to the right to refuse the entry of relevant personnel and articles that do not meet the requirements after checking the personnel and articles entering the park. For example, those who fail to show their tickets as required or accept identity verification as required, and those who bring prohibited or restricted items (such as alcoholic drinks) into the park may refuse to enter the park.
(3) the right to handle. The organizer's disposal right refers to the right to deal with specific situations in the process of safety inspection according to the relevant safety management regulations of the park. For example, illegal and criminal acts found in the inspection process should be transferred immediately to cooperate with the public security organs to deal with them; For unclaimed items, appropriate treatments such as changing prices and escrow shall be made according to regulations.
3. The characteristics of safety inspection right
(1) is required. As a compulsory measure, every exhibitor and visitor must undergo the safety inspection formulated by the organizer before entering the Expo site and during their stay.
(2) limitations. After all, the organizer of the World Expo is not a public security and other law enforcement departments, and the exercise of its safety inspection right is limited to some extent, which is embodied in the areas, time limits, objects and inspection depth of exercising the inspection right.
(2) The legal basis for the organizer's right of safety inspection of the World Expo
1. the State Council's "Regulations on Safety Management of Large-scale Mass Activities" gives the organizers of large-scale events the right of safety inspection.
According to the development characteristics of large-scale mass activities and the needs of the current situation, the Regulations on the Safety Management of Large-scale Mass Activities promulgated by the State Council, which came into effect on June 5438+00, 2007, established the policy of "safety first, prevention first" and the principle of "whoever sponsors it is responsible", made specific regulations on the safety management of large-scale mass activities,
According to Article 7 of the Regulations, the organizer is responsible for security matters, including: providing necessary security inspection equipment according to the requirements of the public security organ in charge of licensing, and conducting security inspection on personnel participating in large-scale mass activities. The organizer has the right to refuse to accept the security check. At the same time, Article 9 of the Regulations stipulates the norms that personnel participating in large-scale mass activities should abide by: they should abide by the management systems of public security, fire control and other large-scale mass activities, accept safety inspections, and must not carry explosive, flammable, radioactive, toxic or corrosive substances or illegally carry guns, ammunition and control devices.
It can be seen that the State Council has established the safety inspection right of the organizers of large-scale events in the form of administrative regulations. Therefore, the organizer of the Expo has the right to obtain the security inspection right of the Expo site based on the permission of the public security and other administrative organs.
2. The local legislation in Beijing and other places to further refine the safety inspection right of large-scale activities is worth learning from Shanghai.
In addition to the Regulations on Safety Management of Large-scale Mass Activities promulgated by the State Council, in recent years, various localities have also promulgated and implemented corresponding local regulations or local government regulations according to their own conditions.
For example, the Standing Committee of Beijing Municipal People's Congress promulgated and implemented the Regulations on Safety Management of Large-scale Social Activities in Beijing on June 5438+0 1 2005, and the Standing Committee of Zhejiang Provincial People's Congress approved and passed the Regulations on Safety Management of Large-scale Social Activities in Hangzhou on February 7, 2006. In particular, the Beijing Municipal People's Government promulgated and implemented the Safety Inspection Measures for Large-scale Social Activities in Beijing on March 1 2008. This government regulation further standardizes the relevant details of safety inspection of large-scale social activities in Beijing on the premise of following the safety management principles established by the State Council's Regulations on Safety Management of Large-scale Mass Activities, mainly including:
(1) Put forward specific requirements for the implementers of safety inspection rights. Where the organizer is required to exercise the right of safety inspection, the safety inspection plan and emergency response plan must be formulated in accordance with the safety inspection regulations; Equipped with professional safety inspectors; Equipped with safe and effective safety testing instruments and equipment; Delineate safety inspection channels and areas, set corresponding signs, and implement closed management of safety inspection areas; Set up special safety inspection channels and places for people in special circumstances such as wheelchairs, artificial limbs or implanted medical devices.
(2) If there is a requirement to prohibit the entry of restricted articles, the organizer must go through the relevant pre-filing and announcement procedures. That is, when handling the safety license for large-scale activities, the organizer must make a request to the public security organ to prohibit the entry of items into the park (field), announce it to the public at the time of ticket sales, and indicate it on the admission ticket, otherwise the inspected personnel shall not be restricted from carrying the above items into the park (field).
(3) The organizer must abide by the relevant regulations when exercising the right of safety inspection. For example, dress according to regulations and wear a work permit; Civilized and polite, respect the inspected; Strictly implement the safety inspection operation specification; Shall not damage the legal items carried by the inspected person; If you find articles, prohibited articles and illegal and criminal acts that cannot be ruled out, you should immediately report to the public security organ.
(four) to clarify the provisions that participants in large-scale activities should abide by when accepting safety inspections. For example, accepting and cooperating with safety inspection shall not disturb the order of safety inspection; Waiting in line outside the safety line and receiving safety inspection in turn; If suspicious items are found after inspection, they shall be taken out for inspection by themselves; Drivers and passengers should get off the bus for safety inspection; When people and articles leave the activity place and re-enter, they should be inspected again.
At the same time, the Measures for Safety Inspection of Large-scale Social Activities in Beijing set corresponding punishment measures for violations of relevant responsible subjects. It can be seen that the "Measures" is a relatively complete local government regulation that specifically stipulates that organizers of large-scale events exercise the right of safety inspection. In fact, the promulgation and implementation of the "Measures" was born to cooperate with the Beijing 2008 Olympic Games. Beijing's ability to host a world-renowned Olympic Games safely and successfully is believed to be inseparable from the establishment of supporting systems including the Measures.
3. The lack of local legislation on the safety inspection right of organizers of large-scale events in Shanghai should be remedied as soon as possible.
At present, the organizers of the World Expo have obviously attached importance to the exercise of safety inspection rights. The special regulations promulgated by Shanghai World Expo 10 are related to the safety requirements in the field of public services. Article 5 clearly stipulates that the organizer has the right to appoint personnel to inspect the exhibition halls and other facilities of official exhibitors when necessary. When inspecting the site, the organizer has the right to instruct the official exhibitors to take measures to correct any violation of laws and regulations. However, unlike Beijing, Hangzhou and other places, so far, Shanghai has not further refined and standardized the safety inspection rights of the organizers of large-scale events from the level of local laws and regulations, which makes the safety inspection rights of Expo organizers lack sufficient basis for effective operation.
In view of the fact that the Expo Park covers a vast area, the exhibition period is as long as half a year, the source of people entering the park is complex and as many as 70 million, and the task of safety management is very heavy, it is necessary and urgent for Shanghai to formulate local legislation on safety inspection of large-scale activities. The author suggests that Shanghai's legislation on the right of safety inspection of large-scale event organizers can refer to the Measures for Safety Inspection of Large-scale Social Events in Beijing, take into account the security situation in Shanghai, and give consideration to universality and particularity, that is, fully consider the demand of Shanghai's upcoming World Expo, so as to make it a powerful guarantee system for the safe holding of large-scale events in Shanghai, including the World Expo.
Three. Procedures for obtaining the organizer's security inspection right
According to the Regulations on the Safety Management of Large-scale Mass Activities promulgated by the State Council, the public security organs implement a safety licensing system for large-scale mass activities, that is, the organizer's right of safety inspection is based on the safety license obtained from the public security organs. Administrative license is a kind of power enjoyed by administrative subjects according to law, and it is also a way to implement administrative management. The state gives administrative subjects with different functions different licensing rights through laws to manage corresponding social affairs. Administrative license is a specific administrative act made according to the application. Therefore, as an administrative counterpart, the organizer of the World Expo can only obtain and exercise the security right of the Expo site if he first applies to the public security organ and is approved according to law. According to the Regulations on Safety Management of Large-scale Mass Activities, the following procedures shall be followed to obtain the right of safety inspection:
First of all, the organizer should formulate a safety work plan for large-scale mass activities, and take this plan as one of the materials to declare the permission of safety inspection right.
Secondly, the organizer should apply to the public security organ for the right of safety inspection 20 days before the event is held. When applying, it shall submit the certificate of legal establishment of the organizer, the identity certificate of the person in charge of safety, the plan of large-scale mass activities and relevant qualifications or qualification certificates.
Third, the public security organ will examine the organizer's application materials after receiving them. The public security organ will decide whether to approve or disapprove the security inspection right according to whether the organizer's application meets the requirements.
With the permission of the public security organ, the organizer has the right of safety inspection.
Four. The concrete implementer of the organizer's right to safety inspection of the World Expo.
The organizer's right to safety inspection can be realized in the following two ways: the organizer carries out safety inspection by himself or entrusts a qualified unit to carry out safety inspection. Organizers of the World Expo should choose the appropriate way according to their own actual situation and needs:
(a), the organizer to carry out safety inspection.
Organizers of the World Expo have the right to conduct safety inspections on their own after obtaining relevant administrative licenses. However, for such a complicated and highly professional work as safety inspection, if the organizer decides to carry out safety inspection by himself, he must make a series of preparations, such as: making a safety inspection plan and an emergency treatment plan; Equipped with enough professional safety inspectors; Equipped with safe and effective safety testing instruments and equipment; Designate safety inspection channels and areas, set corresponding signs, and implement closed management of safety inspection areas. It can be seen that if the organizer carries out safety inspection by himself, he must have relevant conditions such as manpower, equipment and technology, and the requirements for the organizer are very high.
(2) Entrust a qualified unit to carry out safety inspection.
In order to ensure that the security work of the Shanghai World Expo is in place, the author suggests that the Expo organizers can refer to the practice of Aichi World Expo and Beijing Olympic Games and entrust the security work to a qualified professional security company, and the Expo organizers will sign a security service contract with them to clarify the rights and obligations of both parties. Professional security companies are responsible for the security inspection of Expo organizers, which can make the security inspection more professional and of higher quality. On the other hand, it is more conducive for Expo organizers to concentrate on preparing for the Expo. Of course, the selected security company must have high security qualification and rich security experience. All personnel involved in security inspection must undergo all-round strict training including equipment use, procedures, regulations and policies, and all equipment used for security inspection must also undergo strict inspection by relevant departments.
Five, the World Expo organizers safety inspection right inspection object.
The security objects of Expo organizers mainly include people and articles who want to enter or have already entered the Expo site. When carrying out safety inspection on different inspection objects, the organizer shall adopt targeted inspection methods according to the different characteristics of the inspection objects.
(1) personnel inspection
Safety inspection of exhibitors and visitors is an important part of Expo safety inspection. The scope of the organizer's right of inspection is not limited to the inspection when the personnel enter the park, but also includes the inspection at any time after the personnel enter the park, that is, the inspection at the gate of the park and the inspection at the same time in the park.
1. Inspection of the garden entrance. During the World Expo, people entering and leaving the Expo site, whether exhibitors or visitors, need to show their tickets or other valid documents before they can enter the park and accept the inspection. Immigration inspection can refer to similar personal safety inspection before boarding. If the inspected person refuses to accept the safety inspection or disobeys the reasonable measures taken by the inspectors, the safety inspectors have the right to refuse him to enter or even approach the Expo Park. If he is found to be suspected of violating the law and committing crimes, he shall immediately hand it over to the public security organ.
2. Inspection in the park. After people enter the Expo Park, once the organizer finds any behavior or event that may interfere with the order, environment or other spectators in the Park or affect the safety, the organizer has the right to inspect the relevant personnel at any time and take corresponding measures according to the situation, including but not limited to ordering them to immediately correct their behavior, expelling them from the Park and handing them over to the public security organs.
(2) Commodity inspection
The inspection of articles by Expo organizers is mainly aimed at the articles brought by exhibitors and visitors when they enter the Expo site. Once the prohibited or restricted articles are found, a decision should be made to refuse the articles to enter the park or temporarily keep them.
1. prohibited items. Refers to related articles that violate the requirements of relevant laws and regulations and relevant management policies of the World Expo. Having explosive, toxic, radioactive and other dangerous goods that meet the safety management requirements for large-scale mass activities; Guns, ammunition, daggers and other control devices; Drugs, obscenity and other prohibited items and other items that endanger national interests, public safety or may affect the order of large-scale activities should be classified as prohibited items. For such articles, in addition to strictly prohibiting them from entering the Expo site, the organizer should also take timely measures such as handing them over to the public security organs according to the situation.
2. Restricted items. Refers to the articles that are not in violation of laws and regulations, but do not conform to the relevant management policies of the World Expo, and are restricted to be carried or used in the Expo Park. Once prohibited items are found at the security checkpoint or in the park, the organizer has the right to make decisions such as temporarily keeping the items or prohibiting them from entering the park according to relevant regulations. The articles restricted to carry mainly include: ① fragile articles and various containers, sharp objects such as bats, long sticks, umbrellas, cameras and camera stands, or articles that are easy to cause personal injury; ② Including but not limited to glasses, thermos cups, kettles, lunch boxes, etc. ③ Any unauthorized professional camera equipment; (4) Ignition devices such as lighters and matches.
Several problems that the organizer of Expo should pay attention to when exercising the right of safety inspection.
(1) The conflict between the organizer's security inspection right and the rights of the inspected.
The security of the World Expo is a systematic project, which needs the understanding and cooperation of all parties. Whether the organizer can handle the relationship with the inspected in the process of security inspection is an important factor to determine whether the security inspection can finally achieve practical results. As mentioned above, when the organizer exercises the right of safety inspection, it involves a comprehensive inspection of exhibitors, visitors and other inspected personnel, including exhibitors' equipment and facilities, packages and luggage carried by visitors, etc. The organizer's right of safety inspection will inevitably conflict with the personal rights or property rights of exhibitors and visitors. Because from the perspective of the relationship between rights and obligations, the organizer is the right exerciser of the right to safety inspection, and the inspected is the obligation bearer to accept safety inspection. When the organizer exercises the right of safety inspection to ensure the safety of the public, the personal rights of the inspected are bound to be restricted. This requires all personnel, including the inspected, to further understand the organizer's right to exercise compulsory safety inspection:
First of all, from the perspective of the relationship between individual rights and public rights, the inspected must be inspected by the organizer, which seems to be a restriction on the individual rights and freedoms of the inspected, but in essence it is to maintain public safety to the maximum extent and protect the rights and freedoms of all personnel including the inspected. Although the personal rights and freedoms of the inspected are values protected by the Constitution and laws, when the personal rights and freedoms conflict with public rights, the priority of the personal rights must give way to the supremacy of public interests. As Montesquieu thought: Freedom is the right to do everything permitted by law. If a citizen can do what is forbidden by law, he will no longer have freedom, because others will also have this right. At the same time, we should fully realize that the restriction of the personal rights of the inspected and the protection of the rights of all personnel are harmonious and unified in essence. The restriction on the personal interests of the inspected does not mean that the personal interests are not maintained, but the way to safeguard the personal interests has changed, because the public interests will eventually be transformed into personal interests. From the social point of view, freedom is the relationship between individual freedom and the rights and powers of others and society, as well as the relationship between individual independence and social unity. In essence, this relationship is the mutual assistance and unity of various rights that an individual should enjoy in society and the responsibilities that he must perform to society and others.
Secondly, from the value of law, the safety inspection of the inspected reflects the conflict between the value of freedom and the value of order. Order is one of the basic values of law, and the society pursued by law is in an orderly state. The realization of freedom depends on the establishment of order, and a good order is the basis of freedom. Without order, values such as equality and freedom will be threatened or lack of necessary protection, and their existence will lose its meaning. Order is the most essential connotation of a harmonious society and the foundation of building a harmonious society.
Third, from the perspective of the principle of value conflict resolution, the inspection of the inspected follows the principle of proportionality. Generally speaking, in large-scale mass activities such as the World Expo, the possible losses caused by failing to implement the loopholes in safety inspection are far greater than the personal interests brought by strict safety inspection in advance. Therefore, it is very necessary to take corresponding safety inspection measures to control and eliminate potential safety hazards during the World Expo.
(2) Principles to be followed in implementing the right of safety inspection.
As mentioned above, in order to give priority to ensuring public safety and interests and maintaining public order, the organizers of the World Expo need to conduct safety inspections on the inspected persons. But at the same time, the inspection measures taken must be humane and reasonable. Therefore, organizers must consider the legality and rationality of the measures taken when conducting safety inspections on tourists. As the organizer of the World Expo, in the process of formulating and implementing safety inspection measures, we should pay attention to the following issues:
First of all, we must establish a legal and fair inspection and handling mechanism. In principle, there should be uniform safety inspection standards for different exhibitors and visitors to ensure the smooth operation of the safety inspection system. Before the actual inspection, improve the system construction to ensure the fairness of the system; In the process of inspection, strengthen the implementation of the system to ensure that the safety inspection means are legal.
Secondly, in the security inspection, Expo organizers should consider and respect the protection of personal special interests by international and domestic laws. For example, when inspecting diplomats, government officials and staff of international organizations in other countries, the immunity of the above-mentioned personnel should be fully considered.
Thirdly, safety inspection measures should pay attention to the principle of rationality. (1) When carrying out safety inspection on visitors' personal and property, the personal privacy of the inspected should be fully considered. When the safety inspection involves the inspection of special objects, especially children and women, the appropriate personnel should take reasonable measures to carry out the inspection, so that children will not be afraid because of the inspection, and women will not be infringed by the inspection; Take appropriate safeguard measures for non-public information such as trade secrets and design schemes obtained through inspection of exhibitors' equipment and facilities, so as to avoid losses to exhibitors due to the disclosure of valuable information such as trade secrets. (2) and (1) When the security inspection involves the property of the inspected person, especially when some restrictive measures need to be taken on the property of the inspected person, reasonable protective measures should be taken for the property of the inspected person as far as possible, and the reasons for taking restrictive measures and the methods to ensure the safety of the property should be explained to the inspected person.
Thirdly, safety inspection measures should pay attention to the principle of combining fairness with efficiency. Organizers of the World Expo should take the most reasonable and effective way to carry out safety inspection, pay attention to the unity and balance of fairness and efficiency in safety inspection, and strive to take the most convenient and effective inspection measures to minimize the impact on the personal rights and property rights of the inspected. Under special circumstances, coordination should be carried out according to the pre-established early warning mechanism and crisis handling methods.
In short, in the construction of safety inspection system, we should fully consider the impact of safety inspection on individual rights and interests, and incorporate the impact and protection of individual rights and interests into the World Expo safety inspection system. The safety inspection system not only needs to stipulate the way of safety inspection, but also needs to consider effective early warning and handling methods for special situations and emergencies that appear during inspection. Considering the fairness of safety inspection, the difference of the inspected and the effectiveness of inspection measures are also considered.
(3) The connection and cooperation between the organizer's safety inspection right and the functions and powers of relevant administrative organs.
1. The connection and cooperation between the organizer's safety inspection right and the public security organ's safety management right.
According to the State Council's Regulations on Safety Management of Large-scale Mass Activities, as a large-scale mass activity, the public security organ should take overall responsibility for its safety management. Although the organizers of the World Expo have the right to exercise their safety inspection rights after obtaining permission, they must accept the guidance and supervision of the public security organs in exercising this right. Only by mutual cooperation and close cooperation can the Expo security be finally put in place.
2. Cooperation between the organizer's safety inspection right and the functions and powers of other functional departments or organizations.
The safety inspection of Expo organizers is a systematic project, involving many fields, which needs the active cooperation of relevant government departments and organizations to be successfully completed. For example, under the complicated international anti-terrorism situation, in order to truly hold the World Expo safely, it is necessary to do a good job in anti-terrorism, improve the security coordination and defense capabilities of the central city of Shanghai, further enhance the ability to handle emergency plans, and make strict arrangements to form a multi-angle and multi-level security system. Therefore, it is suggested that all relevant departments and organizations in Shanghai, including the military and national security agencies, actively cooperate and make use of more than one year before the official opening of the World Expo to step up the formulation of plans and various simulation drills to ensure the safety and security during the World Expo.