| The rapid development of China’s industrial production has brought about safety supervision problems for the government.From the statistical data,the challenges faced by China’s work safety supervision are still severe.The main reason is that there is a lack of government regulatory will in the field of work safety in China.Therefore,it has become a new exploration direction to strengthen the enthusiasm of the local government to perform the responsibility of production safety supervision through the external supervision of the procuratorial organ’s administrative public interest litigation.The newly revised Work Safety Law marks that work safety has officially become the legal field of public interest litigation,but the administrative public interest litigation of work safety is different from the existing administrative public interest litigation norms.By reviewing the typical cases of public interest litigation of work safety administration in China,it can be found that the public interest litigation of work safety administration in China is characterized by prominent features of preventive public interest litigation,proactive image of procuratorial organs,and rich and diversified investigation means.This situation is gratifying on the surface,but it also implies many legal issues.The starting conditions of the administrative public interest litigation of work safety are challenged by the legality;The consultative investigation method advocated by the procuratorial organ is also difficult to play an invalid role in practice.This paper believes that the root of these problems lies in the incompleteness of the administrative public interest litigation of work safety and the risk prevention theory.To be specific,although on the one hand,the procuratorial organ has demonstrated the legitimacy of starting administrative public interest litigation in advance to prevent with the concept of preventive justice,which is the specific extension of risk prevention theory in the judicial field,and the procuratorial organ’s security obligations in a risk society and the principle of administrative behavior maturity that has been lax under the risk prevention theory also provide the procuratorial organ with a legitimate basis for early intervention,However,the specific operation process and corresponding system design of the administrative public interest litigation of work safety have not been carried out under the guidance of the risk prevention theory.This has created an embarrassing situation that the current judicial practice of administrative public interest litigation of work safety is appropriately ahead of the standard design in some aspects,yielding to the improper restrictions of legal norms in other aspects,and overstepping the legal boundaries of the provisions of the law in some aspects.Based on this,this paper argues that we should examine the optimization path of administrative public interest litigation of work safety in the perspective of risk prevention theory.In view of the different division of labor between the state organs in risk prevention and risk prevention,the procuratorial organ should play the role of risk assessment organ,risk supervision organ and auxiliary supervision organ in different types of cases.The burden of proof in the administrative public interest litigation of work safety should be refined by adopting the general idea of presumption of the burden of proof,implementing different standards of proof,and focusing on proving the illegality of administrative acts.In addition,this paper also advocates that the administrative public interest litigation of work safety should realize the separation of complexity and simplicity according to the division of risk/danger.However,in view of the conflict between the time cost of the consultative investigation procedure in practice and the timeliness of the protection of public interests of work safety,this paper believes that relatively simple investigation means should be used as far as possible in dangerous cases to make and issue procuratorial recommendations as soon as possible,and compel the administrative organs to perform their duties according to law.In risk cases,we can consider obtaining more sufficient evidence through consultation procedures,hearing procedures,and other consultative investigation means.Finally,a public interest litigation system of work safety administration will be established,which is logically self consistent in theory and responds to reality in system. |
