Case Study On Safety Supervision Of Construction Lifting Machinery

The construction industry is a typical high-risk industry in China’s safety production industry,the risk factor is relatively high,and special equipment also belongs to the field with a greater threat to life safety.The field of construction lifting machinery is a special field that combines the former two,however,there are many problems in the supervision of the regulatory authorities in this field and the relevant judgments of the judicial departments.Following the writing logic of "finding problems-analyzing problems-solving problems",this thesis uses case analysis method,text research method and other research methods to analyze layer by layer three cases in the field of construction lifting machinery with similar cases but completely opposite final judgments,and finds some problems in the regulatory system and legal basis of this field from the cases.It includes the misunderstanding and misquotation of relevant laws by courts and regulatory authorities in cases,as well as the mutual designation of legal bases in the field of construction lifting machinery,as well as the crossing of regulatory responsibilities and the absence of regulatory bodies in the field of construction lifting machinery,and the blurring of boundaries between comprehensive supervision and industry supervision.Finally,in view of the above problems,this thesis proposes to clarify the boundary between comprehensive supervision and industry supervision,establish the basic rules of comprehensive supervision and other ways to improve the government supervision in the field of construction lifting machinery;In terms of the improvement of laws and regulations,this thesis suggests that,first,repeal the Supreme People’s Court(2010)Xingtazi-12 "Reply",take the accident characterization as the starting point to confirm the legal basis for the correct application of construction lifting machinery safety production laws and regulations,and second,delete the "otherwise stipulated" clause in article 2 of the "Safety Production Law".The 100 th Special Equipment Safety Law clarifies the application of the Safety Production Law,and establishes special effective clauses to ensure the priority status of the Safety Production Law to improve the safety production laws and regulations of construction lifting machinery;Third,establish the basic principles of comprehensive supervision,clarify the functional positioning,consolidate the main responsibility and collaborative responsibility to clarify the boundary range of comprehensive supervision and industry supervision.