Research On The Legalization Of Production Safety

This article names the legalization of production safety, mainly uses the public law theoretical resources to analyze the normative level and factual level problems, and the core subject is about the importance of the legalization of production safety and its future trends. Based on these, this article demonstrates the justifiability of the legalization of production safety. Beyond the only theoretical analysis, the article also puts forward some practical suggestions. Therefore, through multi-angle analysis, the article talks about the production safety supervision system in detail and some practical problems faced in the work of safe production,especially some defects existing in law and institutions.Based on these discuss, the author firstly wants to sort out the complex current situations of the legalization of production safety in China, and explain the basic problems in our practice. For that purpose, the article studies the historical experience in china and the foreign experience, which provides some useful information and materials. Moreover, the article justifies the legalization of production safety and points out the direction of development. In a word, the legalization of production safety is the best and inevitable choice for China. Last but not least,the article raises some concrete methods to improve the aim and effect of production safety.Except the introduction, the article has seven chapters and almost150,000words in total.Chapter1is the standardized and institutionalized process of production safety in Chinese history. This chapter mainly pays attention to the norms, institutions and examples of production safety in the history. Historical research is very important, for it can provide us with the historical experience and allows us to compare those experience to the current situations. The standardization and institutionalization of production safety has a long history in china and the article talks about ancient Chinese practice and modern Chinese practice. In ancient China, mineral industry is not well-developed and the safety production is at low level. Since modern times the standardized and institutionalized process of production safety has developed very fast. After the founding of new China, the standardized and institutionalized process of production safety in our country has experienced a very tortuous historical process.Chapter2is the extraterritorial experience of the legalization of safe production and this chapter will introduce some different countries’ and regions’ norms and practical experience of production safety. Through the comparative study, it can offer us intellectual guidance on production safety. It is very important for China as a country where the rule of law is not well-developed to use the foreign experience to improve our job. Legalization of U.S. safe production mainly lies in the advanced legislation and effective protection ofoccupational safety and occupational ealth as well.. The protection of occupational safety and health in Australia is in the leading position in the world, and it forms a supervision structure which the state plays an important role. Germany has formed a relatively complete system of safety legislation. Government, industry associations and enterprises have to bear the corresponding responsibility for production safety. South Africa’s mining industry is developed. It formed a relatively complete modern legal system of production safety in the nineties of last century. Until now, the effectiveness of safety production work in South Africa is also very prominent.Chapter3is the objectives and principles of the legalization of production safety and this chapter will introduce the values which affect the process of the legalization of safety production and the siginificance of these values coming into the law. And the chapter will talk about the task and the role in promoting the construction of the country that the legalization of production safety bears and playsfrom the perspective of the values and principles. Legal values and principles determine the content, and also affect the application. They play an important role in a law or a legal system. Under the influence of the value of law, the intrinsic goals of legalization of safety production includes protecting human rights and safety first, promoting economic and social development, maintaining social (order) harmony and stability, promoting economic and social coordination and sustainable development,etc. Legalization of production safety should follow the basic principles, including the principle of protection of human rights and therule of law. These objectives and principles are the basis and the most important elements of the legitimacy of safe production, which can affect the application of laws.Chapter4is the norms of the legalization of production safety which talks about the legal system by a comprehensive description and a structural analysis, including discussing a number of important laws and regulations systematically. And the chapter also puts forward some concrete propositions to improve the legal system. The Constitution and legal system of production safety determine the basic structure of the process of the legalization of production safety. Constitution is the basis of the legalization of production safety, determining the main principles of the legal system. The safety legal system is complex, forming a multi-level structure, and the system needs to connect with constitutional law, administrative law, criminal law and social law. The core of the safety legal system is the Production Safety Law, and the system also covers a range of administrative regulations, rules and other normative documents, relating to mine law, dangerous goods law, construction law, transportation law and so on. The safety legal system meets the requirements of China’s socialist market economy, but there are still some problems. In the future, we should focus on solving the conflicts of laws, reconstructing the central and local relations, and encouraging the use of responsive control means and so on.Chapter5is the institutional structure of the legalization of production safety. This chapter mainly focuses on the institutions forming under the legal system, talking about some important institutions and the problems of the institutional structure, and puts forward some ideas to improve it. Institution is the indispensable part in the practical work. There are seven basic institutions in production safety area, namely, the supervision and administration system, the production and business units’ safeguard, the main head of the production and business units’safety responsibility, the rights and obligations of employees, intermediary service system, emergency rescue and investigation and handling system and so on. These basic legal systems can lead to some specific systems, such as safety production license system, safety education and training, safety equipment test system, etc. These systems can be divided into enterprise access and elimination mechanism, human rights protection mechanism, supervision mechanism, management mechanism, etc. To improve the production safety system, weneed to reconstruct the relationship between supervision and management, reform the safety supervision system, and introduce the commercial insurance system.Chapter6is the improvement of the legalization of production safety, and this chapter is based on previous research. The task of this chapter is discussing the practice of the legalization of production safety, and putting forward some countermeasures to respond. Although our country has established a relatively complete legal system of production safety, it still has many shortcomings and needs to be further developed. The supervision system is the basic legal system of safe production. To improve the regulatory means, we need to clarify the relationship between supervision power and management power. And the horizontal and vertical configuration of administrative power need to be cleared. Payingattention to the process of supervision is the new focal point and we need to place emphasis on the responsive regulation. The safety culture is very important and this aspect mustbe stressed. It may be a good choice that introducing the commercial insurance mechanism which can play a role in the supervision of production safety.Chapter7is the conclusion which summarizes the above discussion and prospects the future of the legalization of production safety.