r on
the rescission of its mining permit and business license by the
competent authorities.
Article 45 If any party is not satisfied with the decision on
administrative sanctions, it may, within 15 days from receiving
the notification of the decision, apply for reconsideration to the
higher authorities next to the one that has made the decision; the
party also may directly bring a suit before a people's court within 15
days from receiving the notification of the decision.
The authorities responsible for shall make a decision within 60 days
from receiving the application for reconsideration. If the party is not
satisfied with the decision, it may bring a suit before a people's court
within 15 days from receiving the decision. If upon expiration of the
time limit, the authorities fail to make a decision, the party may bring
a suit before the people's court within 15 days upon expiration of the
period for reconsideration.
If upon expiration of the time period, the party concerned has not
applied for reconsideration, nor brought a suit before the people's
court, nor complied with the decision, the authorities that has made the
decision may apply to the people's court for compulsory execution.
Article 46 Any responsible person of a mining enterprise who gives
command in violation to established regulations and compels workers to
carry out operations at risks, thus causing accidents involving serious
causalities, shall be investigated for criminal responsibilities in
accordance with the provisions of Article 114 of the Criminal Law.
Article 47 Any responsible person who fails to take measures with
respect to hidden dangers of accidents in a mine, thereby causing
accidents involving serious causalities, shall be investigated for
criminal responsibilities by applying mutatis mutandis the provisions of
Article 187 of the Criminal Law.
Article 48 Where any person in charge of safety supervision or safety
control in a mine abuses his power, neglects his duty, or practises
favouritism and irregularities, and if the act constitutes a crime, the
person concerned shall be investigated for criminal responsibilities in
accordance with the law; if the act does not constitute a crime,
administrative sanctions shall be given.
CHAPTER VIII SUPPLEMENTARY PROVISIONS
Article 49 Regulations for implementation shall be formulated by the
competent department of labour administration under the State Council in
accordance with this Law, and the regulations formulated shall be
submitted to the State Council for approval before implementation.
The standing committees of the people's congresses of provinces,
autonomous regions and municipalities directly under the Central
Government may, in accordance with this Law a上一页 [1] [2] [3] [4] [5] 下一页
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