Study On The Actionability Of The Reply To The Production Safety Accident Investigation Report

In the administrative action on the handling of production safety accidents,whether the reply to the accident investigation report is actionable is the focus of controversy for a long time.From specific law cases,by investigating the judgment methods and reasons for the actionability of the reply to the accident investigation report in judicial practice,it is found that there are three problems in current judicial practice: first,whether the reply to the accident investigation report is actionable is unclear,the judgment standards for the actionability of the reply to the accident investigation report are inconsistent,and the guidance cases of the Supreme Court are self contradictory.According to the above three problems,firstly,through refuting the non actionable reasons,this paper discusses on the nature of the reply,and then combs the nature of the reply to the accident investigation report,which is found that it belongs to multi-stage administrative behavior.Combined with the nature of the reply,this paper recognizes the actionable reasons for the reply to the accident investigation report.Secondly,it is recognized that the reply to the accident investigation report should be actionable from the three aspects of effective supervision of administrative organs,settlement of administrative disputes and protection of rights and remedies.Finally,the judgment standard for the actionability of the reply to the accident investigation report should be further improved,and its actionability should be judged from two aspects: the actual impact and the knowledge of the the relative person.For the actual impact standard,it is judged from three aspects: the time node with actual impact should be when the reply is made,the handling and accuracy should be taken as the judgment angle,and factual influence and legal influence should be taken as the the substantive content.For the time node,it can be known from the timewhen the final accident treatment is made,and the way of knowing is that the the relative person obtains the reply through legal means.By clarifying the actionability of the reply to the accident investigation report and improving the judgment standard of actionability,it provides a new solution to the judicial disputes arising in the process of handling production safety accidents.