A Sino-foreign Comparative Research On Safety Penalty

The voice of increasing the penalty efforts for work safety violations has existed for long time,and based on the idea serious penalty can restrain safety accidents. From the perspective of safetymanagement and law, this article compares Chinese internal and external safety penalties with theforeign safety penalty system and analyzes the differences of the scope of the penalty objects,penalty reasons, penalty measures, penalty efforts and the factors that should be taken into theconsideration for safety penalty between our country and the abroad，and then the author finds thatthere are certain unreasonable aspects in both our internal and external safety penalty systems.Solely aggravating the penalty efforts is not the most effective countermeasure for restraining safetyaccidents, so the idea that we should put "accident prevention" as the philosophy of safety penalty.Our external safety penalty should add potential damage offenses and establish enforceableundertakings system and negotiated penalty system. In addition, the suggestions of regulating theapplication of probation and detailing the magnitude of criminal penalty and so on are also putforward in the article. Our internal safety penalty should improve and apply the safety penaltysystem scientifically under the guidance of "systematic review"，use "2-4" model to analyze thereasons of violations and design a hierarchical management way of violations based on the pyramidtheory of law enforcement.