On The Problems And Improvement Of Legal Responsibility Of Work Safety In China

Safety production accidents include fire accident,explosion accident,vehicle injury accident,mechanical injury accident and other forms.Every accident will cause irreparable personal injury and property loss.In order to effectively prevent and control accidents,it is necessary to study and improve the safety production responsibility related issues.Responsibilities are generally divided into political responsibility,disciplinary responsibility,legal responsibility,moral responsibility and other categories.Legal liability is one of the important categories.Legal liability for work safety refers to the production and business operation entity and its employees,the safety supervision and management department and its staff,the relevant intermediary agencies for work safety,as well as other entities and natural persons responsible for work safety,in the production activities,due to the adverse consequences caused by violation of the operation procedures,legal obligations,etc.,they shall be investigated for responsibility according to law.At present,China is still in the period of high incidence and easy occurrence of production safety accidents.To explore the current situation,shortcomings and improvement path of the legal liability system of production safety responsibility has theory to safeguard the rights and interests of workers,prevent and control the occurrence of accidents,punish the illegal crime of production safety,promote the improvement of the legal system of production safety,and promote the modernization of the management system and ability of production safety Value and practical significance.In addition to the introduction and conclusion,this article is divided into four parts.The first part is an overview of legal responsibility for work safety,which is divided into six sections.The first section and the second section respectively discuss the connotation of production safety and legal responsibility;the third section discusses the connotation of production safety legal responsibility,including the concept and characteristics;the fourth section discusses the three major principles of responsibility for safe production legal responsibility,Including the principle of liability for fault,the principle of liability for no fault,and the legal principle of liability;Section V introduces the form of legal responsibility for production safety;Section VI discusses the constituent elements of legal responsibility for production safety,and systematically conducts its subjective,subjective and objective requirements set forth.Responsible subjects include administrative agencies and their staff,production and business units and their responsible personnel,employees of production and business units,intermediary service agencies and their responsible personnel;subjective elements are divided into faults and no faults;objective elements include acts,Three factors of consequence and causality.The second part is the status quo of China's legal system of production safety.This part first introduces the provisions of China's legal system of legal responsibility for production safety;analyzes the shortcomings of current legislation in combination with practice,including imperfect legal systems,chaotic responsibility systems,one-sided forms of liability realization,inadequate liability subject systems,and inadequate investigation procedures Several major issues are regulated.The third part is the current status of legal responsibility for work safety in foreign countries.Taking the United States,the United Kingdom,and Japan as examples,it examines the relevant legislation of developed countries outside the region,and draws up the international legislative trends of work safety responsibility to provide a reference forthe study of China.The fourth part is the suggestions for perfecting the legal responsibility legislation of production safety in China.Based on the basic jurisprudence and combined with extraterritorial experience,it puts forward perfect countermeasures to the problems found in the third part,including improving the legislative system,improving the liability system,enriching the form of responsibility realization,and improving responsibility Principal system and standard liability investigation procedures.