Study On Mechanism Of Investigation And Processing On Work Safety Accident In China

After the mid-term stage of industrialization of China we immediately begin to face the black period of work safety accidents. The accident gross always stays a high level and more serious even worst accidents including colliery accidents frequently happen. So obviously production safety accidents often occurring have already been the outstanding problem in Chinese economic and social life. When accidents happen the basic purpose of investigation and processing aims to check out the possible causes leading to the accidents, then punish the people making faults and the more important thing is to find the proper measures to avoid the similar accidents happening again. It is a serious and meaningful thing for us to try our best to precaution and reduce the happening of accidents in the investigation and processing.At present, few scholars take systemic research on investigation and processing of work safety accidents, most pay their attention to the causes and precaution measures from the view of the administrative system on safety production.At first, the paper studies on the definition of the conception and classification of work safety accident, and then through the abundant research and information checking before about the legal mechanism of investigation and processing on work safety accident it goes to the analysis on the current situation of that, meanwhile raise the problems in that and the proposal for that to be perfected.Paper is divided into four parts:The first part studies on the generation and development of Chinese legal mechanism of investigation and processing on work safety accident.The moment mostly has three stages:the embryonic stage after the founding of new Republic; the founded stage between the late 1980s and the late 1990s of last century, the stage of development from the end of last century to now.The second part is about concept and relevant category on work safety accident. The part firstly studies on the development of the concept of work safety accident, defines the concept of it and analyzes its features and classification. Then it is being taken compare with the relevant concept such as industrial injury, occupational disease etc. And until now our country has formed the legal system of the foundation of "Safety Production Law" and the supplementary of all kinds of laws and regulations in every industry about investigation and processing on work safety accidentThe third part tells us the current situation of investigation and processing on work safety accident in China.We can know that there are mainly two stages:investigation and processing in the procedure by the analysis of work safety accident.(A)In the first stage, the main task is to find out correctly the causes,the nature and the liability of the accidents by the accident investigation principals to make the conclusive documents. The point of the part in the paper is to analyze the character of the investigation principles:validity,independence and paramountcy, and to do some research on accident investigation reports,accident protocols and the reply to the reports.(B)The main task in the stage of processing is to punish the liabilitier,put forward and implement measures to prevent accidents. The paper discusses the characteristics and constitutive requirements of accident liability,subjects and procedures of punishment and the connection between administrative penalty and criminal punishment.The fourth part means to give the proposals for the perfection of the legal mechanism of investigation and processing on work safety accident to solve the problems existing in that mechanism.