Study On Administrative Investigation Of Major And Serious Safety Accident

Safety incidents have become widespread public-concerning incidents in recentyears, which have brought enormous personal injury and property loss. To understandthe cause of the accident and to identify the safety system defects, relevantadministrative departments need to organize an investigation team to investigate theaccident. As for the serious safety incidents, a great attention must be paid to theadministrative investigation especially, because of the big number of the death tolland economic loss. China’s current legal stipulates the issues of administrativeinvestigation of safety incidents mainly on the “Safety Law of Production” and the“Safety Accident Reporting and Investigation Processing Regulations of Production”which is published by the State Council. However, judging from the reaction of thepublic and the occurrence of security incidents, the administrative investigation ofsafety incidents is still a problem. Specifically, on one hand, as to the institutionalframework of the safety accident investigation team, the constitution of the staff, thepersonnel division and the responsibility distribution of the investigation team all stillneed to be improved. On another hand, as to the survey system, the administrativeinvestigate of safety incidents still has certain lacks, including the lack of the right towithdraw, the right to a hear and the right to learn the truth and so on, which focusingonly on the relative responsibility prosecuted while ignoring the protection of theirfundamental rights. The study of this paper focuses on suggestions andrecommendations for the issues of the administrative investigation of serious safetyincidents considering the institutional framework as well as the survey system.This paper is divided into five main parts to study the issues of the administrativeinvestigation of serious safety incidents, which starts from the China’s security statusof accident investigation, combs our current running system and analyzes someshortcoming of the existing institutional further more based on defining the securityincidents, reorganizing the concept of administrative investigation, analyzing theprocedural justice value of the administrative investigation. This paper firstly describes and researches into the relatively advanced mode of United States and theUnited Kingdom, than put up its own suggestions and improvements for the issues ofthe administrative investigation of serious safety incidents considering China’snational conditions from the two aspects of the accident group as well as the systemspecification of the administrative investigation.The first part is the introduction, which introduces the motivation, the purpose,the national and international domestic and the architecture of the paper.The second part is the theoretical analysis of the safety incidents of productionand the administrative investigation. This section analyzes the definition, theclassification, and the grading of the safety incidents of production, the basic conceptsof the administrative investigation of the basic concepts as well as the issues such asthe characteristics of the administrative investigation and due process which theadministrative investigation shall comply with.The third part is the analysis of the current situation and problems of ouradministrative investigation of safety incidents. This part analyzes the problems in thesystem of safety incidents, enumeration several aspects of the problem that authorbelieves in, and for gives a simple analysis of these problems for better solving theseproblems from two aspects-the static current situation and the dynamic existingproblems.The forth part is a description and comparison of the administrative investigationsystem of safety incidents of the two extraterritorial nations–the United States and theUnited Kingdom. By analyzing and comparing these two systems, we are to find outtheir successful experience, summarize their characteristics, and combine them withChina’s national conditions, put them into the use of the administrative investigationof safety incidents in China.The fifth part is the last part of the article, which is also the keynote of the article.This part is the suggesting and perfecting part for the issues exists in administrativeinvestigation system of the safety accident, which is composed by two aspects on thebasis of the ahead three parts. One aspect is about the institutional framework of theinvestigation team of safety incidents, including the constitution of the staff, the personnel division and the responsibility distribution of the investigation team.Another aspect is about the survey system, mainly discussing the withdrawing,contradiction, hearing of witnesses, overt information and so on, which expects to beable to solve the real problems in the actual safety incidents investigation and makethe administrative investigation play its due role in disposing of safety incidents.