A Legal Research On Coal Mine Accidents Settlement

Coal, the primary energy source in industrial society, can not be substituted in the near future. Safety problem during coal production in our country is extremely alarming with the frequent occurrence of accidents. The annual casualties of colliery accidents in our country amount to around 6-7 thousand. The casualties in producing 1 million tons of coal and the average death toll of each accident are much higher than other coal-mining countries in the world. The cause of coalmine accidents have three aspects, the core power empty sets causes coalmine safety production losing the property right restraint ,which is one of the reason of coalmine accidents. The State Department exercised the minerals property rights and the mine management enterprise on behalf of the country exercises the mining power to form a void region, under the unclear situation of property right restraint, the coal mine operator reduces the security cost and carries on plundering mining to the mineral resource, which caused the safety production in great danger. On the other hand, the coal mine owner and the manage main body was compatible, which reduced the potency of safe supervising and managing, even stayed the space behind sought, induced the collusion of colliery owner and officer. In addition, lackness of human resources and technological resource flaw in coal mine enterprise safety production also induces coalmine accidents. Comparing our country coal mine safety production level and the other country which mainly produce the coal, the disparity is really far. The inspection studies on supervising and managing system of American and England's coal mine security law is great help to our country. The USA and England have distinctive features of their own in coal mine safety lawmaking, labor union, Safe supervision, accident investigation and treatment procedures, etc. The UMWA and the British Occupational Safety & Health Association have greatly boosted the improvement of coalmine safety in their own countries. Our country must embark from the national condition and profit from the foreign experience to improve the coal mine safety in production condition. First, our country coal mine safety production legislation must consummate and supple to the constitution, the mine security law and so on the important legal laws; Second, straightening out the coal mine resources property right legal relationship, so that the mine operator not to be worry, protecting the coal mine resources; Third, establishing the synthesis and unification coal mine safe supervision main body system, brings the coal mine enterprise and the trade union into the coal mine safe supervision main body scope reasonably, strengthening the strength of coal mine safe supervision; Finally, establishing the coal mine risk deposit system and increasing miner rights and interests relief and so on, so that construct our country's law mechanism of coal mine safety production and accidents settlement together.