| The issue of investigation & treatment subsequent to production safety accidents is not only a must of accident responsibility imputation, but also plays a significant role in prevention and decrease of occurrence of these accidents through continuous improvement of relevant systems. Even though Law of Production Safety enacted on December 1st, 2014 imposes unprecedented sanctions on parties responsible for the accidents, the penalty is supposed to be based on conclusion of accident investigation, fairness of which heavily depends on equity of investigation procedures and reasonable systems, thus highlighting the importance of legal proceedings during the investigation & treatment of production safety accidents.This thesis makes a research on current problems existed in legal proceedings during the investigation & treatment of accidents in China and a summary of procedural absences in respects of launch of investigation & treatment, release of information, avoidance, hearing, oversight, and accountability through empirical analysis. Next, it analyzes the root cause of the aforesaid procedural absences from angles of legislation and enforcement, and puts forward improvement measures on the basis of both the practice in China and experiences of UK and US in relevant fields.This dissertation consists of four parts: the first part introduces background and framework of this dissertation; the second part states the status and relevant problems of investigation & treatment proceedings concerning production safety accidents in China; the third part makes a research on root causes of problems related to investigation & treatment proceedings of the accidents; last but not least, the author not only introduces experiences of both UK and US in terms of investigation & treatment proceedings of production safety accidents and what lessons China can learn from these experiences, but puts forward improvement measures from the perspective of legislation and enforcement as well. |
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