On Substantial Effectiveness Of The Production Safety Legal System

With the establishment and improvement of socialist legal system in China, how to measure the effectiveness of law system is becoming a more and more important problem at the present, and it is also the major theoretical issue at the process of developing the rule of law in China. Therefore, the research on substantial effectiveness of the legal system has attracted more and more attention of academic community, and gradually become the focus of scholars. However, from the current literature, there is too little theoretical and empirical research on the effectiveness of the legal system. There is not a systematic finishing and a scientific solution on the choice of assessment mode and study approach on substantial effectiveness of the law system, as well as the evaluation of the specific law system.How to assess the substantial effectiveness of national positive law is not only the theoretical issue,but also is a application problem of the law research. There are three choices for the model of the legal system evaluation: the value analysis, dogmatic and the social-law analysis. This dissertation suggests that the substantial effectiveness assessment of law system should be social-law assessment mode. As follows: the objective of legislation should be the logic jumping-off point for the study approach of the effective assessment of law system, and the research approach should be measured by the degree of change on the legal order before and after the corresponding law system becoming effective.Based on the foundational theory, it is proved that the measurement of the substantial effectiveness of the legal system for safety production could be achieved by measuring the degree of change on the safety order before and after the corresponding law system becoming effective. In addition, we demonstrate that the change of safety order could be measured by observing the change in mortality. Select the"Law of the People's Republic of China on Safety in Mines"(enacted in 1992) and"Production Safety Law of the People's Republic of China"(enacted in 2002) as the research object, take the data of 1978-2008 for the sample of state-owned key coal mines, considering mortality as the explained variable, the degree of mechanization, coal of supply and demand, the quality of workers, and the effectiveness of the safe-production legal system as the explanatory variables, we make an empirical analysis based on the lagged variable model, which including the dummy variable. Based on the empirical analysis, we find that the two legal systems for safety production promulgated in China have no significant effect on the order of safety production."Law of the People's Republic of China on Safety in Mines"promulgated in 1992 had no impact on the security situation indexed by the mortality to millions of tons of coal industry, on the contrary it indulged the deterioration of safety on the working face in some extent;"Production Safety Law of the People's Republic of China"promulgated in 2002 had positive impact on the security situation indexed by the mortality to millions of tons of coal industry, but it had no significant effect on the degree of safety on the working face.Based on these findings, we give the analysis on the poor substantial effectiveness of the law system for safety production as follows: firstly, the construction of safety laws and regulations exists many institutional problems, for example, legislative value lags behind the needs of society, the main bodies of the enforcement on the production safety laws and regulations are too more, the objectives of law enforcement is not only one, safety guard lacks stability and legal provisions are designed unreasonably, punishment is not credible; Secondly, the poor rights of vulnerable groups (especially migrant workers are the main practitioners of coal) is the deep-seated social cause of the poor effectiveness of law system for safety production in China; Finally, the collusion between the officials and owners of coal is another institutional cause leading the gap between the expression and the practice of law system for safety production.Finally, the author devises a model to optimize the substantial effectiveness of law system for safety production from the level of risk prevention for workers and enterprises. Basing on the model, it is proposal that the states should increase its efforts in protecting labor rights, develop appropriate regulatory standards, and strive to foster the development of the labor market, reduce the differences between the Laborers etc.