Source: Municipal Supervisor Salon
When all scenes are displayed in front of the public, any small link will be infinitely magnified.
Since 2020, Hubei, Shandong, Jiangsu and other places have launched TV political programs, involving many issues of market supervision. Some of them directly reach the pain points, find out the problem of inadequate supervision, let the municipal supervision department correct it, and help the supervision work to do better. There are also some cases that are beyond the scope of the responsibility of the Market Supervision Bureau.
Compared with the "real faults" singled out by the public and the media, the city supervisors seem to have generously taken on certain problems that did not require their premature intervention, or even should not have been borne by them, because it is their duty to show responsibility for all aspects of market supervision.
After all, in this circle, the nicknames "Cosmic Bureau" (the first big picture of the universe) and "War Pot Bureau" (Strategic Backpot Bureau) are not for nothing.
01
The farmers market is dirty and messy
The chief admitted that the ball should not have been kicked
On the evening of August 14, 2020, the twelfth session of the all-media program "TV Politics: Weekly Face-to-Face", hosted by the Wuhan Municipal Accountability Office and undertaken by Wuhan Radio and Television, focused on the problems of farmers' markets, small catering environment improvement and poor government services. The main persons in charge of Wuhan Market Supervision Bureau and Municipal Affairs Service and Big Data Bureau were invited to accept political questions.
In the program, a short film titled "Dirty and Poor Farmers' Market, Worrying Catering Hygiene" shows that in the renovation of farmers' markets in many districts in Wuhan, there were problems such as poor temporary market hygiene during the renovation, irregular construction work during the renovation, inadequate market supervision after the renovation, too long gap period before the transformation, and worrying about the catering hygiene around the market.
Faced with the on-site political question, the director of the Wuhan Qiaokou District Market Supervision Bureau replied, "The problem exposed by the short film is indeed a problem with the work style of our staff, and it is very inappropriate to kick the things that should be managed to other platforms." ”
02
Elevator failure
The city supervisor rushed to the front of the property
On August 31, 2020, Jiangsu Radio and Television Station Jiangsu Public News Channel "Political Style Hotline - I Will Help You Ask the Director" all-media live broadcast program broadcast, the online departments are Jiangsu Provincial Market Supervision Bureau, Provincial Food and Drug Administration, Provincial Intellectual Property Office. A deputy director of the provincial and municipal supervision bureaus participated in the political question at the scene.
In one case, which involved an elevator failure in a high-rise residential complex in Wuxi, the host said that the political style hotline program had been connected with Director Zhou of the Wuxi Xishan District Market Supervision Bureau's business district at the end of July this year, saying that there was indeed a problem with the elevator, and he had complained more than once or twice, and had interviewed the property and the developer. As for the specific cause of the elevator failure, they will organize a third-party agency to conduct an appraisal. However, Mr. Wang, a citizen of Wuxi City, said that the commercial branch of the Wuxi Xishan District Market Supervision Administration has not yet solved the problem.
In fact, in accordance with the provisions of laws and regulations, the responsibility for the management of elevator use should first be the property and other relevant management units of the community. The director of the special equipment safety supervision department of the provincial market supervision bureau also said that the elevator in the new community is prone to problems, because the running-in period of mechanical products and the transportation and use of garbage materials in the new community have more losses. The unit that bears the main responsibility for the use of the elevator should be the residential property or the managed unit under trusteeship.
According to Article 37 of the Tort Liability Law, managers of public places or organizers of mass activities shall bear tort liability if they fail to fulfill their security obligations and cause damage to others. According to this provision, in the case of elevator failure, the manager and organizer, i.e. the property and the developer, should bear the corresponding responsibility.
Article 18 of the Law on the Protection of Rights and Interests of Consumers also stipulates that the operators of business premises have an obligation to ensure the safety of consumers. Legal sources said that this paragraph is the main legal basis for elevator accidents in the community.
However, the director of the special equipment safety supervision department of the provincial market supervision bureau still said that the market supervision bureau will supervise and deal with the feedback of the public, so that residents in the local community can rest assured and take the elevator safely.
For the supervision responsibility of the market supervision unit in the elevator failure, according to the "Special Equipment Safety Law" and "Special Equipment Safety Supervision Regulations", as well as the "Elevator Safety Supervision and Management Measures" successively issued by various places, when the market supervision unit discovers major illegal acts or serious accident hidden dangers in special equipment, it shall order the relevant units to immediately stop the illegal acts, take measures to eliminate the hidden dangers of accidents, and report to the superior department responsible for the safety supervision and management of special equipment in a timely manner. The department responsible for the safety supervision and management of special equipment that receives the report shall take necessary measures and deal with it in a timely manner.
If the municipal supervision department does not fulfill its safety management obligations for the production, installation, testing and maintenance of the elevator, it will bear the corresponding responsibility once an accident occurs.
03
Asked by TV about political wrongs
Why does the bureau chief still "humbly accept criticism"?
On July 5, 2020, the TV political question program "Style Supervision Face to Face" hosted by the Jinan Municipal Party Committee and Municipal Government, organized by the Municipal Commission for Discipline Inspection and the Publicity Department of the Municipal Party Committee, and co-organized by Jinan Radio and Television Station invited Jinan Market Supervision Administration and other departments.
The program exposed a case in which the registration authority did not license a dance training institution. The particularity of dance training institutions requires operators to obtain a school-running license, which is a pre-procedure for the market supervision department to issue a business license for an education and training institution. In the case, another institution changed its business scope to fitness services and education consulting, and did not have education and training business, and did not belong to the training institution, and did not need to obtain a school license, but could directly obtain a business license from the market supervision department.
In response to this question, the director of the market supervision bureau of the jurisdiction replied that he humbly accepted the reporter's opinion, believing that the staff did not study enough and did not understand enough about the adjustment of laws and regulations. However, in fact, at that time, the handling of this case had clear legal provisions, and the handling methods and interpretations of the case-handling personnel were in accordance with laws and regulations. Instead, it is the rule on which the program is based, which is a document that has not yet been officially promulgated.
The program shows that in the process of political questioning, the reporter found a copy of the "Regulations for the Implementation of the Private Education Promotion Law (Revised Draft)" (draft for review), using the provisions in it that "the establishment and implementation of private training and education institutions that are conducive to quality improvement and personality development such as language ability, art, sports, science and technology, and research and study, as well as private training and educational institutions that carry out cultural education and non-academic continuing education for adults, can directly apply for legal person registration" as counter-evidence.
However, this draft was still "(Draft for Review)" at that time, and did not have the effect of a formal official document, which was not explained to the audience, and directly implied that it was used for the current method, which was seriously misleading.