According to the Management Regulations on Safety Technical Training and Assessment of Special Operations Personnel (state administration of work safety Decree No.30):

Article 40 Where a production and business operation entity illegally prints, forges or resells a special operation certificate, or uses a special operation certificate that is illegally printed, forged or resold, it shall be given a warning and fined between 654.38 million yuan and 30,000 yuan; If a crime is constituted, criminal responsibility shall be investigated according to law.

Article 41 Special operators who forge, alter or use forged special operation certificates shall be given a warning and fined between 65,438 yuan and 5,000 yuan.

Special operations personnel who lend, transfer or fraudulently use special operations operation certificates shall be given a warning and fined between 2,000 yuan and 65,438 yuan and 0,000 yuan.

Second, the filing standard of the crime of buying and selling special operation certificates.

Legal analysis: as long as there is the act of buying and selling altered documents, I am afraid it will constitute a crime and can be filed. Buying and selling special operation certificates will constitute the crime of forging, altering, buying and selling official documents, certificates and seals of state organs. This crime is a crime of conduct. Generally speaking, as long as it is the act of buying and selling certificates, it constitutes a crime, but in actual cases, it should be combined with various criminal circumstances of criminals.

Legal basis: Article 375 of the Criminal Law of People's Republic of China (PRC), whoever forges, alters, buys, sells or seizes military official documents, certificates and seals shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or; If the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years. Whoever illegally produces, sells or buys military uniforms, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or only be fined. Forging, buying or selling or illegally providing or using special signs such as military vehicle number plates, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also, or shall only, be fined; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined. Where a unit commits the crimes mentioned in the second and third paragraphs, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the provisions of each paragraph.

Three, how to punish the work without a special work permit?

Unlicensed special operations need to be punished according to the situation. Special operations personnel who forge or alter forged special operation certificates shall be given a warning and fined between 65,438 yuan and 5,000 yuan. Whoever forges or alters passports, social security cards, driving licenses and other documents that can be used to prove identity according to law shall be sentenced to criminal detention, public surveillance or fines; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.

In any of the following circumstances, the administrative organ and its related staff shall bear the corresponding responsibilities if they fail to perform their administrative duties or perform them incorrectly: 1. Failing to stop and punish illegal acts that should be stopped and punished, thus damaging the legitimate rights and interests, public interests and social order of citizens, legal persons or other organizations.

2, beyond, abuse of legal authority.

3. The main facts are unclear and the evidence is insufficient.

4. The applicable legal basis is wrong.

5. The administrative discretion is obviously improper.

In any of the following circumstances, the special equipment safety supervision and management department shall order it to make corrections within a time limit; If it fails to make corrections within the time limit, it shall be ordered to stop using or stop production for rectification, and it shall be more than 2,000 yuan.

(a) failing to set up a special equipment safety management institution or equip full-time safety management personnel in accordance with the provisions of these regulations;

(two) personnel engaged in special industries with certificates, mount guard operation;

(three) the special equipment has not been fully educated and trained.

Legal basis:

Safety technology for special operators

Article 39: be ordered to correct the production and business license within a time limit, and may also be fined up to 50,000 yuan; If it fails to make corrections within the time limit, it shall be ordered to stop production and business for rectification, and a fine of 50,000 yuan to 65,438+10,000 yuan shall be imposed, and the directly responsible person in charge and other directly responsible personnel shall be fined.

Coal mining enterprises that use special operators who have not obtained special operation certificates to work at their posts shall be punished in accordance with the provisions of the State Council's Special Provisions on the Prevention of Coal Mine Production Safety Accidents.

Law of People's Republic of China (PRC) on Work Safety

Thirtieth production and business units of special operations personnel must receive special safety training in accordance with the relevant provisions of the state, and obtain the corresponding qualifications.

The scope of special operations personnel shall be determined by the emergency management department of the State Council.