| I. the origin of the subjectSafety is an essential part of the protection of human rights and the degree of the protection and realization of safety right, an important human right, is one of the main signs of progress of social civilization. The protection of human rights in the field of production safety, under such circumstances as progress in the industry and mining, has been paid particular attention to in recent years by the Party and the Government, enterprises and all sectors of society. Hence, it is utmost important to strengthen the research on this subject.The safety must be guaranted if we want our enterprises to develop in a healthy way. It is an integral part of the work in protecting human rights, and both its theory and practice are testing the level and effectiveness of human rights protection of our country. To implement the principles of human rights protection in the field of safe production, the Government plays a central role. Besides, enterprises are the basic and fundamental and the society is the atmosphere. Under the present situation, the Government should implement the scientific development concept, take a road of safe development, stick to the principle that the government belongs to the public and the rights are people’s, closely rely on enterprises and the employees, encourage a variety of strength from material as well as from spirit, to exercise its function of safe supervision and control, to enhance the achievements of protection of human rights comprehensively and catch up with the world’s most advanced level of human rights protection in the field of national safety in production. The topic of the the legal research of protecting human rights in production”was put forward under such situation.In order to complete my paper perfectly, I went to investigate Yunnan, Guangdong, Hainan, Hubei, Hunan, Guizhou, Jiangxi, Jilin Province, Chongqing Municipality and other provinces and cities, some ten sectors and hundreds of bodies of enterprises and institutions with the Working Group of amendment of "Safety Production Law" and I got substantial empirical materials. The basic impression was that since " Law of Safety Production " was carried out in November 2002, they have made great achievements on protection of human rights along with some similar problems as well as some largely different practices. These problems and differences exist in the following nine aspects: concept, legal, institution, construction-standardization, education and training, rescue in incidents and accidental investigation, accountability, corporate safety management, the construction of law. With regard to these problems and differences, we must improve the level of protection of human rights of our country from legal system. This article is really the result of processing the actual materials.II. Rights of safety covered in the protection of human rights in the area of safe productionSafety right in production is to protect the lives and properties of the workers, is a fundamental right to work, is the support of labor rights; its beneficiaries are laborers or employees and its protectors (main responsibility) are enterprises; it is restricted to the safety and health in the process of working. However, labor right was created after human entered the capitalist society and its development was closely related to the activities that workers fought for human rights; labor right is the basic part of human rights; no labor right, human rights are incomplete; labor right lies not only in pursuit of material benefits but also in realizing the value and dignity of people; the meaning of labor right includes employment rights, remuneration rights , liberty rights, as well as derivative rights of labor protection, leisure, safety, vocational training, organizing and joining trade unions, physical protection; labor right is a kind of natural right.Human Rights refer to rights that individuals or groups of people have to enjoy the liberty of existence, the freedom of activity, self-determination and equal rights with others based on the nature of human and the economic base, economic structure and cultural conditions under certain historical conditions. Human rights are essential rights people must posses to fulfill their dignity and worth; pursuing human rights makes it possible for the society to go forward from authoritarian towards democracy, from the rule of man to the rule of law; the awareness of human rights , the theory of human rights, the regime of human rights , the system of human rights and the fulfillment of human rights have been constantly developing throughout human history; human rights are: life, survival, safety, liberty, property, migration, access to social security, etc.; human rights are inherent, but continue to enhance with the development of socio-economy.It is obvious that safety right in production is a part of labor rights and the latter belongs to human rights; protecting production safety is to protect labor and protecting labor is to protect people’s lives and properties and such protection, from the viewpoint of rights, is the protection of human rights. The essence of safe production is to protect human rights and the task of production safety is to protect human rights in the field of production. For this reason, we should improve the effectiveness and achievement of the protection of human rights in all aspects in the field in question.III. the contributions of this articleThis article aims to contribute to strengthen the construction of legal system and measures for protection of human rights in production, which is not only an important prerequisite for a harmonious society and the basic guarantee to promote a sustainable development, but also the objective requirement of the development of foreign trade.1. The main contributions in the theoretical aspects(1) We have explored the legal basis on the protection of human rights in the field of work safety as well as their convergent relations, aiming at coordinating the relations of Constitution, Administrative Law, Civil and Commercial Law and Work Safety Law.(2) We have discussed several important concepts relating to the field of production safety and the protection of human rights, especially the supervision and administration of safety. Take safety and the concept of production safety for example, safety is a clenched or closed state, while production safety is that people keep their own physical body and mental body in a clenched or closed status in the production activities (including business). We pointed out the distinction between production safety and Occupational Safety, namely, the range of the former is larger than the latter one. Production can be divided into work inter factory and work out factory. Enterprises production includes vocational production and outside production (non-professional production). Correspondingly, there is also a non-occupational safety and occupational safety. Production safety covers occupational safety and non-occupational safety.(3) It is the first time we pointed out that the safety engineering is the foundation or the basis points of the law of work safety, therefore, the legislation and the protection of human rights in the field of safe production must be concentrated on the construction of safety engineering. Safety engineering is a system which subordinates to or overlaps in the systems of production engineering. Safety engineering has no absolute independence, but it is relatively independent or has relative independence. Safety input must be spent on its objective—safety engineering, including equipment (machines, stuff) project—material project, the natural conditions (Environment) project, and the project of workers’knowledge and skills.(4) We set up a theory of separating the administrative power in production safety and the monitoring right to improve the monitoring system of the protection of human rights and better to stimulate the enthusiasm of director department and safety- monitoring department in industry.(5) From the legal point of view, we analyzed the legal status of the investigation group on safety of coal mining so as to strengthen its legal authority, to overcome the actual weaken power and enhance its efficiency.2. The main contributions in practice(1) We put forward a new program to expand the basic monitoring system of safety so that we can realize human rights in work safety more fully and effectively. The main task is to set up the Safety Engineering Monitoring Station directly led by the Work Safety Supervision Bureau to replace the existing Work Safety Supervision Station in the township streets, which is to serve the utilities and technical services institutions through setting up a professional group in safety technology to enhance its strength and provide technical services to monitor all the safety engineering. To carry on this work, we should introduce a registered qualification examination of safety engineering in order to strengthen talents-construction in the basic monitoring system of safety.(2) We focused on proposing and discussing the program of reform and the improvement of the legal system of six major work safety, including the wages system of high-risk professions, the detection and inspection system of safety equipment, the license system of safety production, the education and training system, the system of evaluation of safety conditions, standardization of the quality of production safety, the reform and improvement of safety procedures for accident investigation. In addition, we also raised various solutions and suggestions of adding new types of criminal charges and adjusting the criminal kinds and types in production safety so as to achieve more effectiveness in protection of human rights.(3) We also brought forward such legal regulation approaches as accelerating the accidents-prevention construction, risk investigation, emergency rescue, investigation and handling. |
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