国家安全监管总局政策法规司副司长邬燕云认为,本案的关键是要搞清楚承揽与承包的区别——是否独立经营、独立工作。承包是独立经营与独立工作的,承揽则不是。因此,东莞市安全监管局的行政处罚是错误的。近日,广东省东莞市安全监管局因为1起行政处罚,被涉案便利店老板告上了法庭。庭审时,双方就以下3个焦点,产生了分歧:花钱请工人安装插座,是否属于工程发包;是民事案件还是安全生产事故;个体工商户是否属于生产经营单位。 Wu Yanyun, deputy director of the Department of Policy and Regulation of the State Administration of Safety Supervision, believes that the key issue in this case is to find out the difference between contract and contract - whether to operate independently and independently. Contracting is independent and independent work, contract is not. Therefore, the Dongguan City Security Administration’s administrative punishment is wrong. Recently, Dongguan City, Guangdong Province, the Security Authority because of an administrative penalty, the convenience store owner was sued in court. At the trial, the two sides had different opinions on the following three focuses: whether to hire workers to install sockets, whether they belonged to engineering contract or not; whether they were civil cases or accidents in production safety; whether individual industrial and commercial households belonged to production and operation units.