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《特种设备安全法》规定的事故责任双罚制对防止和减少事故发生起到了较好的警示作用,对事故发生单位和个人也起到了教育和惩罚的双重功能。但由于经济活动的多样性,加上法律规范的不完善,实践中对《特种设备安全法》第九十一条规定的“年收入”的理解仍然存在着争议,从而影响到法律适用的公平。本文试对执法实践中遇到的一些“年收入”的认定情形加以分析和总结。
The double penalty system for accident liability stipulated in the Special Equipment Safety Law has played a good warning role in preventing and reducing the occurrence of accidents and has also played a dual role in education and punishment for accident units and individuals. However, due to the diversity of economic activities and the imperfection of legal norms, there is still controversy in practice about the understanding of the “annual income” stipulated in Article 91 of the Special Equipment Security Act, thus affecting the application of law Fair. This article tries to analyze and summarize some cases of “annual income” encountered in the practice of law enforcement.