企业主要负责人”到底指谁？Who exactly is the “main person in charge of the enterprise”? 

如《全民所有制工业企业法》规定、企业实行厂长(经理)负责制，厂长是企业的法定代表人，对企业负有全面责任。
For example, the Law on Industrial Enterprises Owned by the Whole People stipulates that the enterprise implements the responsibility system of the factory director (manager), and the factory director is the legal representative of the enterprise and has full responsibility for the enterprise.

实际控制人，通常指虽不是企业的法定代表人或者股东、但通过投资关系、协议或者其他安排，能够实际支配公司行为的人。
The actual controller usually refers to a person who is not the legal representative or shareholder of the enterprise, but can actually control the company’s actions through investment relationships, agreements or other arrangements.

在一般情况下，企业法定代表人由董事长或总经理担任，也是企业实际控制人。
Under normal circumstances, the legal representative of an enterprise is the chairman of the board of directors or the general manager, who is also the actual controller of the enterprise.

但是，一些企业特别是一些中小企业的法定代表人背后往往另有实际控制人，他们对企业的重大事项有最终的决策权。
However, the legal representatives of some enterprises, especially some small and medium-sized enterprises, often have actual controllers behind them, and they have the final decision-making power over major matters of the enterprise.

其他负责人是指主要负责人以外的有关负责人员，比如生产经营单位一把手以外的副职等人员。
Other responsible persons refer to the relevant responsible personnel other than the main person in charge, such as the deputy level personnel other than the first leader of the production and business operation unit.

原安监总局3号令及80号令中对生产经营单位主要负责人进行的定义：
The definition of the main person in charge of the production and business operation entity in Order No. 3 and Order No. 80 of the former State Administration of Work Safety:

企业主要
负责人问责条款 Accountability clauses for the main person in charge of the enterprise

新《安全生产法》对于企业共有24条问责条款，即“24条问责”清单，其中有6条问责的法律责任条款直接是针对企业主要负责人的，如下：
The new Work Safety Law has a total of 24 accountability clauses for enterprises, namely the “24 Accountability” list, of which 6 accountability legal liability clauses are directly aimed at the main person in charge of the enterprise, as follows:

1. 安全生产资金投入违法行为，见《安全生产法》第九十三条：
1. For the illegal act of investing funds in production safety, see Article 93 of the Work Safety Law:

生产经营单位的决策机构、主要负责人或者个人经营的投资人不依照本法规定保证安全生产所必需的资金投入，致使生产经营单位不具备安全生产条件的，责令限期改正，提供必需的资金；逾期未改正的，责令生产经营单位停产停业整顿。
If the decision-making body, the principal responsible person or the individual investor of the production and business operation entity fails to ensure the necessary capital investment for safe production in accordance with the provisions of this Law, resulting in the production and business operation entity not having the conditions for safe production, it shall be ordered to make corrections within a time limit and provide the necessary funds; If the correction is not made within the time limit, the production and business operation unit shall be ordered to suspend production and business for rectification.

有前款违法行为，导致发生生产安全事故的，对生产经营单位的主要负责人给予撤职处分，对个人经营的投资人处二万元以上二十万元以下的罚款；构成犯罪的，依照刑法有关规定追究刑事责任。
Where there is an illegal act in the preceding paragraph, resulting in a production safety accident, the main person in charge of the production and business operation unit shall be dismissed, and the individual investor shall be fined between 20,000 and 200,000 yuan; where a crime is constituted, criminal responsibility is pursued in accordance with the relevant provisions of the Criminal Law.

2.主要负责人未履行职责，见《安全生产法》第九十四条：
2. The principal responsible person fails to perform his or her duties, see Article 94 of the Work Safety Law:

生产经营单位的主要负责人未履行本法规定的安全生产管理职责的，责令限期改正，处二万元以上五万元以下的罚款；逾期未改正的，处五万元以上十万元以下的罚款，责令生产经营单位停产停业整顿。
If the main person in charge of the production and business operation entity fails to perform the safety production management duties provided for in this Law, it shall be ordered to make corrections within a time limit and shall be fined not less than 20,000 yuan but not more than 50,000 yuan; If the correction is not made within the time limit, a fi
ne of not less than 50,000 yuan but not more than 100,000 yuan shall be imposed, and the production and business operation entity shall be ordered to suspend production and business for rectification.

生产经营单位的主要负责人有前款违法行为，导致发生生产安全事故的，给予撤职处分；构成犯罪的，依照刑法有关规定追究刑事责任。
If the main person in charge of the production and business operation entity has the illegal acts in the preceding paragraph, resulting in a production safety accident, he shall be dismissed; where a crime is constituted, criminal responsibility is pursued in accordance with the relevant provisions of the Criminal Law.

生产经营单位的主要负责人依照前款规定受刑事处罚或者撤职处分的，自刑罚执行完毕或者受处分之日起，五年内不得担任任何生产经营单位的主要负责人；对重大、特别重大生产安全事故负有责任的，终身不得担任本行业生产经营单位的主要负责人。
If the principal responsible person of a production and business operation entity receives a criminal punishment or dismissal in accordance with the provisions of the preceding paragraph, he shall not serve as the principal responsible person of any production and business operation entity for five years from the date of completion of the criminal punishment or the date of the sanction; Those who are responsible for major or especially major production safety accidents shall not serve as the main person in charge of the production and business operation unit in the industry for life.

3.主要负责人生产安全责任事故，见《安全生产法》第九十五条：
3. For the production safety liability accident of the main person in charge, see Article 95 of the Work Safety Law:

生产经营单位的主要负责人未履行本法规定的安全生产管理职责，导致发生生产安全事故的，由应急管理部门依照下列规定处以罚款：
If the main person in charge of the production and business operation entity fails to perform the safety production management duties stipulated in this Law, resulting in the occurrence of a production safety accident, the emergency management department shall impose a fine in accordance with the following provisions:

（一）发生一般事故的，处上一年年收入百分之四十的罚款；
(1) In the event of an ordinary accident, a fine of 40% of the annual income of the previous year shall be imposed;

（二）发生较大事故的，处上一年年收入百分之六十的罚款；
(2) In the event of a major accident, a fine of 60 percent of the annual income of the previous year shall be imposed;

（三）发生重大事故的，处上一年年收入百分之八十的罚款；
(3) In the event of a major accident, a fine of 80% of the annual income of the previous year shall be imposed;

（四）发生特别重大事故的，处上一年年收入百分之一百的罚款。
(4) In the event of a particularly serious accident, a fine of 100 percent of the annual income of the previous year shall be imposed.

4.与从业人员订立协议违法行为，见《安全生产法》第一百零六条：
4. For the illegal act of entering into an agreement with an employee, see Article 106 of the Work Safety Law:

生产经营单位与从业人员订立协议，免除或者减轻其对从业人员因生产安全事故伤亡依法应承担的责任的，该协议无效；对生产经营单位的主要负责人、个人经营的投资人处二万元以上十万元以下的罚款。
If a production and business operation entity enters into an agreement with an employee to exempt or reduce its liability for the injury or death of an employee due to a production safety accident in accordance with the law, the agreement shall be invalid; The principal responsible person of the production and business operation unit and the individual investor shall be fined between 20,000 and 100,000 yuan.

5.主要负责人事故救援违法行为，见《安全生产法》第一百一十条：
5. For the illegal acts of accident rescue by the main responsible person, see Article 110 of the “Work Safety Law”:

生产经营单位的主要负责人在本单位发生生产安全事故时，不立即组织抢救或者在事故调查处理期间擅离职守或者逃匿的，给予降级、撤职的处分，并由应急管理部门处上一年年收入百分之六十至百分之一百的罚款；对逃匿的处十五日以下拘留；构成犯罪的，依照刑法有关规定追究刑事责任。
If the main person in charge of the production and business operation unit does not immediately organize rescue or leaves his post or escapes during the investigation and handling of the accident, he shall be demoted or dismissed, and the emergency management department shall impose a fine of 60% to 100% of the annual income of the previous year; Those who flee are to be detained for up to 15 days; where a crime is constituted, criminal responsibility is pursued in accordance with the relevant provisions of the Criminal Law.

生产经营单位的主要负责人对生产安全事故隐瞒不报、谎报或者迟报的，依照前款规定处罚。
The main person in charge of the production and business operation entity conceals and fails to report, falsely report or delay the reporting of production safety accidents, and shall be punished in accordance with the provisions of the preceding paragraph.

6.仍不具备安全生产条件等违法行为，见《安全生产法》第一百一十三条：
6. For illegal acts such as still not having the conditions for safe production, see Article 113 of the “Work Safety Law”:

生产经营单位存在下列情形之一的，负有安全生产监督管理职责的部门应当提请地方人民政府予以关闭，有关部门应当依法吊销其有关证照。生产经营单位主要负责人五年内不得担任任何生产经营单位的主要负责人；情节严重的，终身不得担任本行业生产经营单位的主要负责人：
In any of the following circumstances, the department responsible for the supervision and management of production safety shall request the local people’s Government to close down, and the relevant departments shall revoke their relevant licenses in accordance with law. The main person in charge of the production and business operation entity shall not serve as the main person in charge of any production and business operation entity within five years; If the circumstances are serious, they must not serve as the main responsible person of the production and business operation unit in the industry for life:

（一）存在重大事故隐患，一百八十日内三次或者一年内四次受到本法规定的行政处罚的；
(1) Where there is a potential risk of a major accident, and they receive administrative punishments provided for in this Law three times within 180 days or four times within one year;

（二）经停产停业整顿，仍不具备法律、行政法规和国家标准或者行业标准规定的安全生产条件的；
(2) After suspending production and business for rectification, they still do not have the production safety conditions provided for by laws, administrative regulations, and national or industry standards;

（三）不具备法律、行政法规和国家标准或者行业标准规定的安全生产条件，导致发生重大、特别重大生产安全事故的；
(3) Failing to meet the safety production conditions provided for by laws, administrative regulations, national standards, or industry standards, resulting in the occurrence of major or especially major production safety accidents;

（四）拒不执行负有安全生产监督管理职责的部门作出的停产停业整顿决定的。
(4) Refusal to implement the decision to suspend production and business for rectification made by the department responsible for the supervision and management of production safety.

归纳起来，生产经营单位主要负责人安全生产问责分三种情形：
To sum up, the main person in charge of the production and business operation unit is held accountable for production safety in three situations:

一是未发生事故，但未履职的问责处罚。 The first is the accountability and punishment for not having an accident but failing to perform their duties.

即不履行法定安全生产职责（其中包括安全生产资金投入违法行为和与从业人员订立协议违法行为）、未发生生产安全事故的，责令限期改正，处二万元以上五万元以下的罚款；逾期未改正的，处五万元以上十万元以下的罚款；构成犯罪的，依照刑法有关规定追究刑事责任（未发生事故，有严重违法行为的也将被追究刑事责任）。
That is, if the statutory duty of production safety is not performed (including the illegal act of investing in safety production funds and the illegal act of entering into agreements with employees), and no production safety accident occurs, it shall be ordered to make corrections within a time limit and shall be fined not less than 20,000 yuan but not more than 50,000 yuan; where corrections are not made within the time limit, a fine of between 50,000 and 100,000 RMB is to be imposed; If a crime is constituted, criminal responsibility shall be pursued in accordance with the relevant provisions of the Criminal Law (if there is no accident, there will also be criminal responsibility if there is a serious violation). span>

生产经营单位的主要负责人依照前款规定受刑事处罚或者撤职处分的，自刑罚执行完毕或者受处分之日起，五年内不得担任任何生产经营单位的主要负责人；对重大、特别重大生产安全事故负有责任的，终身不得担任本行业生产经营单位的主要负责人。
If the principal responsible person of a production and business operation entity receives a criminal punishment or dismissal in accordance with the provisions of the preceding paragraph, he shall not serve as the principal responsible person of any production and business operation entity for five years from the date of completion of the criminal punishment or the date of the sanction; Those who are responsible for major or especially major production safety accidents shall not serve as the main person in charge of the production and business operation unit in the industry for life.

二是不履行职责，发生事故的问责处罚。 The second is the accountability and punishment for failure to perform duties and accidents.

不履行法定安全生产职责、导致发生生产安全事故的，给予撤职处分，并且按规定“发生一般事故的，处上一年年收入百分之四十的罚款；发生较大事故的，处上一年年收入百分之六十的罚款；发生重大事故的，处上一年年收入百分之八十的罚款；发生特别重大事故的，处上一年年收入百分之一百的罚款” ；构成犯罪的，依照刑法有关规定追究刑事责任。如发生生产安全事故时，不立即组织抢救或者在事故调查处理期间擅离职守或者逃匿的，或者对生产安全事故隐瞒不报、谎报或者迟报的，按照发生较大及以上事故的罚款数额进行处罚，最高可处上一年年收入百分之六十至百分之一百的罚款；对待对逃匿的，处十五日以下拘留。
Those who fail to perform statutory production safety duties and cause production safety accidents shall be dismissed from their posts, and shall be fined 40% of the annual income of the previous year in accordance with the provisions of the regulations: “If an ordinary accident occurs, a fine of 40% of the annual income of the previous year shall be imposed; In the event of a major accident, a fine of 60% of the annual income of the previous year shall be imposed; In the event of a major accident, a fine of 80% of the annual income of the previous year shall be imposed; In the event of a particularly serious accident, a fine of 100 percent of the annual income of the previous year shall be imposed.” where a crime is constituted, criminal responsibility is pursued in accordance with the relevant provisions of the Criminal Law. In the event of a production safety accident, if the person fails to immediately organize rescue or leaves his post or escapes without authorization during the investigation and handling of the accident, or conceals or fails to report, falsely reports or delays the reporting of the production safety accident, he shall be punished according to the amount of the fine for the occurrence of a larger or higher accident, and a fine of 60% to 100% of the annual income of the previous year may be imposed; Those who have fled are to be detained for up to 15 days.

以上两种情形，生产经营单位的主要负责人依照前款规定受刑事处罚或者撤职处分的，自刑罚执行完毕或者受处分之日起，五年内不得担任任何生产经营单位的主要负责人；对重大、特别重大生产安全事故负有责任的，终身不得担任本行业生产经营单位的主要负责人。
In the above two circumstances, the main person in charge of the production and business operation entity is subject to criminal punishment or removal in accordance with the provisions of the preceding paragraph, from the date of completion of the criminal punishment or the date of the sanction, shall not serve as the main person in charge of any production and business operation entity within five years; Those who are responsible for major or especially major production safety accidents shall not serve as the main person in charge of the production and business operation unit in the industry for life.

三是关于企业主要负责人安全生产管理能力的问责处罚。
The third is the accountability and punishment of the main person in charge of the enterprise for the safety production management ability.

即有可能企业主要负责人按照有关职责清单在履行安全生产职责上未有重大明显问题的（或暂且不问是否履行安全生产职责），或也未发生生产安全事故的，但企业安全生产条件经多次整改依然不具备的，企业管理难以控制（即“不具备法律、行政法规和国家标准或者行业标准规定的安全生产条件”，这与“对重大、特别重大生产安全事故负有责任的”是有区别的），或不知如何控制企业安全生产管理，由于不具备法律、行政法规和国家标准或者行业标准规定的安全生产条件导致发生生产重大、特别重大生产安全事故的（这与“受刑事处罚或者撤职处分的，自刑罚执行完毕或者受处分之日起”的处罚是有区别的），将受到五年内不得担任任何生产经营单位的主要负责人；情节严重的，终身不得担任本行业生产经营单位的主要负责人。
That is, it is possible that the main person in charge of the enterprise has no major and obvious problems in performing safety production duties in accordance with the relevant list of responsibilities (or whether or not to perform safety production duties for the time being), or there is no production safety accident, but the enterprise still does not have the safety production conditions after repeated rectification, and the enterprise management is difficult to control (i.e., “does not have the safety production conditions stipulated by laws, administrative regulations, national standards or industry standards”, which is different from “being responsible for major or particularly major production safety accidents”). or do not know how to control the safety production management of the enterprise, and due to the lack of safety production conditions stipulated by laws, administrative regulations and national standards or industry standards, resulting in the occurrence of major or particularly major production safety accidents (this is different from the punishment of “criminal punishment or dismissal, from the date of completion of the criminal punishment or punishment”), will be prohibited from serving as the main person in charge of any production and business operation unit for five years; If the circumstances are serious, they must not serve as the main responsible person of the production and business operation unit in the industry for life.

以上是生产经营单位主要负责人个人问责的处罚。实际上，相应的与企业安全生产职责有关的问责处罚条款近14条，由于生产经营单位的主要负责人对本单位的安全生产工作全面负责，因此作为生产经营单位主要负责人应当对这14条处罚负责。
The above is the punishment of the personal accountability of the main person in charge of the production and business operation unit. In fact, there are nearly 14 accountability and punishment clauses related to the company’s safety production responsibilities, and because the main person in charge of the production and business operation entity is fully responsible for the safety production work of the unit, the main person in charge of the production and business operation unit should be responsible for these 14 punishments.

余下的4条是关于承担安全评价、认证、检测、检验职责机构的违法行为（第九十二条）、关于其他负责人和安全生产管理人员未履行职责（第九十六条）、关于从业人员违法违规行为（第一百零七条）和关于其他人员隐瞒不报、谎报或者迟报事故违法行为（第一百一十一条）等4条职责，虽与企业主要负责人没有直接关联，但也应承当相应的管理不到位或管理不善的责任。
The remaining four articles are about the illegal acts of the institutions responsible for safety assessment, certification, testing and inspection (Article 92), the failure of other responsible persons and safety production management personnel to perform their duties (Article 96), the violations of laws and regulations by employees (Article 107) and the illegal acts of concealment, false reporting or late reporting of accidents by other personnel (Article 111).