A Study On The Economic Law Regulation On The Safety Of Our Country's Coal Production

The matter of safety in coal mining has attracted special attention in recent years in our country. The enormous problems resulted from the absence of funding in security system, unstrained producing and illegal mining has made China the country which has the largest number of mining accidents, and the enormous casualty, which not only brought disaster to the miners'lives and property, infringe the Miners'right of labor, also infringed the whole economic benefit of our country, threatened the public safety of our society. The conflict between individual interest and public interest is obvious here.The reason of that is, the unreasonable model of economy development promote the mining enterprises to make illegal benefit. On the one hand, the absence of the basic conditions such as scientific cost calculating mechanism, clear property regime and property right transfer system, which results in the unhealthy mining market, on the other hand, the local interest protection, rent-seeking and the imperfect supervision mechanism provide the practicable room for the short-line action of the mining enterprises. The sides reasons (internal and external) make that we must resolve the matter of safety in mining both act in internal mechanism of cost reduce and external supervision system. But in fact, the sate of China only focuses on the external route. Nowadays, most of the regulations of mining disaster depend on administrative law, the direct intervention of administrative agents is the common practice, which we can know from the fact, it is not the efficient way to stop the mining accidences.To resolve the shortage of fund in mining safety, the essential is to establish the varieties of systems, so as to make the mining enterprises voluntarily put money in safety equipment. However, from the legal perspective, it is the Economic Law whose purpose is to protect the public interest of our society, whose destination is to regulate the state to adjust the economy operation, that can provide an efficient way to settle all the problems. So we must strengthen the economic regulation on mining enterprises to cope with the serious situation. From the macro-perspective, we need to perfect mineral resource property right regime, mineral resource tax system and resource price formulating mechanism to persuade the mining; from the micro-perspective, we must perfect the entry system of mining market and government supervision system to supervise the enterprises'market activity; from the social security perspective, we must establish and effect the security system in industrial injuries to perfect the liability-imposing mechanism so as to make sure that the mining accidences can be settled efficiently.