Research On Legal Issues Of Safety Production Responsibility System For All Employees

China’s newly revised Work Safety Law is an important highlight for the clarification of the responsibility system for safe production of all employees,which plays an important role in further implementing the main responsibility for safe production.The overall requirements of the law have been clarified,but there have always been differences in judicial adjudication on how to understand some basic concepts in legal provisions and how to apply them in practice,which is an unavoidable starting point for further building the discourse system of the Work Safety Law.Behind the in-depth study of these legal issues,it is related to how production and business units accurately comply with the legal obligations of the safety production responsibility system,and it is also closely related to the implementation of the government’s regulatory duties.In order to deeply understand and accurately grasp and apply the safety production responsibility system of all employees,this paper analyzes the decomposition and analysis of the safety production responsibility system at the level of legal relations,and lays a theoretical foundation.Relying on the case and combining the safety production practice of the enterprise,the legal problems existing in the three aspects of the safety production responsibility system for all employees are put forward: subject,object and content.As the main body of construction and implementation of production safety responsibility,there is still a situation where the legal concept is vague and the scope of extension is not clear,for example,whether natural persons and individual industrial and commercial enterprises can be recognized as responsible entities when safety accidents occur in production and business activities;In addition,the scope of objects protected by the all-employee safety production responsibility system is the safety of production activities and business activities,and the standard for judging whether the relevant entities are engaged in production and business activities remains to be clarified;In terms of the content of responsibility,the division of responsible persons within the production and operation unit is not clear enough in practice.This paper argues that the inclusion of natural persons and individual industrial and commercial enterprises in the extended scope of production and business units is not only consistent with the legislative objectives,but also an objective need to perform the duties of the main body of safety production,and also a response to the practical needs of safety supervision and management.The judgment standard for production and business activities should go deep into the entity level,and whether the level of public safety risks caused by engaging in such activities is significantly higher than that of daily life should be used as a measurement standard,so as to judge whether they should be included in the supervision of safe production.The main person in charge plays a primary role in the safety production management of the enterprise,which should be distinguished from the responsibility boundary of other responsible persons and safety production management personnel.