On The Administrative Supervision Of Safety Production In Domestic Coal Mines

Energy is an important material foundation for social and economic development,and the development and utilization of energy is closely related to the social and economic development. Coal plays a very important strategic role in the energy system of domestic economic development. As a fundamental energy source and an important raw material, the energy structure based on coal is difficult to transform in a quite long term and the coal industry will remain to be the key industry in our country, which is the national situation of China. The safety production of coal mines is directly related to the supply of energy and the implementation of energy strategy in domestic economic construction. The administrative supervision of safety production, as the priority in domestic coal mine industry, is directly related to the life security and to the basic benefit of miners, which has become an important guarantee for the national economic security to a certain degree and has played a fundamental role for building a well-off society in an all-around way and for the modernization of China. 95% of the exploitation of domestic coal mines is unlawful. Therefore, compared with other countries, the supervision of safety production of coal mines is more difficult to implement and how to solve the problem of supervision of safety production of coal mines has become an important task in the course of building a harmonious socialist society for China.This paper discusses the problem of administrative supervision of safety production in domestic coal mines in two parts.The first part briefly discusses the meaning of administrative supervision of safety production in domestic coal mines and points out that supervision refers to the activities which the governmental administrations under the lawful authorization adopt the measures such as establishing regulations, setting up permissions, monitoring data, tracking and inspecting, implementing punishment, carrying out public hearing and arbitration to directly control the markets of certain fields, according to the legal proceedings. However, the supervision of safety production in coal mines which was implemented in the inside of coal mine corporations has changed to be carried out by the special organizations set up by the state from the outside of coal mine corporations .Then the paper discusses briefly the principles and means of administrative supervision of safety production in domestic coal mines. The principles include the principle of validity, the principle of rationality, the principle of justness, the principle of openness, the principle of giving priority to prevention and taking punishment as supplement, and the principle of efficiency etc. The means mainly include administrative permission of safety production in coal mines, administrative inspection of safety production in coal mines and administrative punishment of safety production in coal mines.The second part emphasizes the main content of administrative supervision of safety production in coal mines, that is, three ways of administrative supervision of safety production in coal mines. First of all, it discusses the conception of administrative permission of safety production in coal mines and the main existing problems. From the viewpoint of author, the current problems mainly include as follows: first, the scope of administrative permission of safety production in coal mines is too broad and the phenomena of examination and approval in various and different departments is ubiquitous; second, the procedures of administrative permission of safety production in coal mines is unsound; third, the design of administrative permission system is irrational and lacking of power restraint.In addition, the paper introduces the conception and characteristic of administrative inspection of safety production in coal mines and points out the main existing problems of it which include the unsound procedures of administrative inspection to be improve, the redundant legal writs used in the administrative inspection of safety production in coal mines and the note-taking in the spot inspection of safety production in coal mines etc.In the end of the paper, it discusses in details the meaning of administrative punishment system of safety production in coal mines and the major existing problems. The author holds that the major problems of this system are as follows: the law enforcement notion of administrative punishment of safety production in coal mines remains to be improve; the discretionary power of administrative punishment of safety production in coal mines is excessive; the procedures of administrative punishment of safety production in coal mines is unsound.In the second part, the author puts forward some suggestions to the improvement of administrative supervision of safety production in domestic coal mines.Firstly, the administrative permission system of safety production in coal mines should be perfected. On the one hand, the procedures of examination and approval should be reasonably simplified; on the other hand, the power of administrative examination and approval of safety production in coal mines should be decentralized in a proper way; finally, the administrative permission power for the licenses of safety production in coal mines and for the safety qualifications of mine directors which owns by the Bureau of Inspection for National Coal Mine Safety Production, should be canceled. Besides, the administrative permission procedures remain to be improved.Secondly, the administrative inspection system of safety production in coal mines should be improved. On the one hand, the administrative inspection procedures of safety production in coal mines should be specified and be practical and easily-understandable; on the other hand, the law enforcement writs should be simplified. Thirdly, the administrative punishment system of safety production in coal mines should be perfected. Above all, the old ideas should be weeded out and the new concepts should be raised, and the law enforcement notion should be changed. Moreover, the discretionary power of administrative punishment should be strictly restrained. At last, the administrative punishment procedures of safety production in coal mines should be improved.