Research On Legal Mechanism Of Coal Mine Safety Production In China

At present, China's coal industry in the security situation is not optimistic, the social order and the interests of the system, or social security and public safety are threatened, has a significant impact on China's overall social value promotion.Therefore, it is urgent to have a legal mechanism for safety in production. Compared with China's coal production, this aspect abroad do quite well, have a sound legal system, coal mine production safety supervision system, to guarantee agency workers to safeguard their own interests and proprietary institutions training for workers, all of this is China's current system so I don't have. On the way of sound production safety legal system, there is a long way to go. At present our country in the process of coal production, due to the lack of systematic, scientific and complete the operation, making the entire production process is full of danger; in the absence of market supervision and management, making the entire coal market in a state of disorder; and the lack of training institutions, the on-the-job staff can not be accurate and effective safe operation,this further risk factors, while the entire production project appeared the phenomenon of frequent accidents, so the study on the legal mechanism of China's coal mine safety production is imperative. In view of the above problems this paper first describes the development process of the legal mechanism of safety production in China and ecstasy,were analyzed according to the characteristics of China's coal mine safety legal system;secondly, this paper studies on the current legal system of China's coal mine production safety problems, respectively, from the legal system, supervision and inspection system,the union opinion safety awareness other aspects of the analysis. Thirdly,aiming at the above problems, the three angles from the legal system, law enforcement supervision and revision of employees of the cause of the problem; finally from perfecting the legal system, improve the coal mine safety production supervision mechanism, strengthening legal supervision and cultivation of coal mining enterprises Union of these four aspects of safety culture are put forward to improve legal mechanism of China's coal mine safety production of the coal mine safety production. The main content of this paper is divided into the following aspects:The first part is about the legal mechanism of coal mine safety production in china.This chapter provides an overview of the main stage of development of the system of coal mine, coal mine system development stage are as follows: in the stage of exploration in 1949-1952 during this period; in the stage of development in the 1953-1957 gradually during this period; the slow development stage in 1958-19651966-1978 during this period; in this period basically at a standstill; in the stage of development in this period is 1979-1992; in the 1993-1999 stage of development during this period; in 2000 to date in a new stage of development. At the same time, this part also studies the characteristics of the legal mechanism of coal mine safety production in china.The second part is about the legal mechanism of coal mine safety production in china. In view of the current coal mine production safety situation of the legal system,this part analyzes the existing legal system of coal mine in our country at present,China's legal system of coal mine safety production starting from the founding to the present has experienced different periods and stages, it still has some defects and problems in the related law of coal mine safety production law system, supervision the trade union system, and the supervision of the safety culture of coal mine production safety, which formed a serious restriction to the development of China's coal mine safety production.The third part is the cause analysis of the legal mechanism of coal mine safety production in china. First of all, China's existing laws and regulations related to mine safety production have been developed for more than ten years, and these laws can not fully meet the needs of mining safety now. Secondly, because of the great influence of local interests, the supervisory power of local government is really difficult to get real exercise. Finally, in our country, the exploitation of mineral rights are owned by the state, but because the local government share of mining rights, and further subcontracting to individual enterprises, the individual owners become China's actual mining mines, which is China's mine production safety hidden trouble.The fourth part, our country coal mine safety production legal mechanism consummation countermeasure. First of all, the improvement of the legal system of coal mine safety production in our country should be carried out in the constitution, such as the provision of the protection of the citizen's right to life, the improvement of the mine safety law and the speeding up of the formulation of relevant laws and regulations.Secondly, in view of China's coal mine safety production, the legal inspection and supervision mechanism should be improved. Again, it should be from the enterprise union occupation, innovation mode, the election of the members of the union leadership change of trade union funds to pay the way and give a powerful union rights means that some aspects of strengthening the supervision of coal mine enterprises. Finally, the quality of the staff,has a decisive role for the production of the enterprise environment,management level, technical level, so you want to improve our production safety legal system needs to start from the training of production safety culture.