The Law And Economics Analysis Of The Labor Safety Regulation In China

As you all know, safety is the basic requirement of human, born with human and safety is the first principle of life. However, the frequencies that significant accident happens in our mining,the casualties numbered in the thousands,the major losses in the economic area, all these have aroused the concerns in the both home and abroad. There are many terrible accidents of mining labor safety that have happened again and again in recent years, which expose the lack of supervision of labor safety regulation in China mining. So we have noticed that the effectiveness of the efforts that the Government has made to intensify to regulate the mining labor safety is not satisfied. How should we range the regulation system of mining labor safety? What are the roles and the actions of the government about mining labor safety regulations? Where are the appropriate boundaries of rights and duties on labor safety regulation? How to make mining labor safety regulations more standardized and institutionalized? How to improve the quality and efficiency of the Government mining labor safety regulation system? How to achieve effectiveness of government regulation in this area? Mining labor safety cannot be separated from the increase in the effectiveness of government regulation. To improve and enhance the effectiveness of government regulation, to make all preparations for the prevention from mining labor safety accidents, to reduce the accidents frequency in the field of small and medium-sized mine, to do our best to make significant and serious accidents less and less, and to give full play to the role of government regulation has always been an important goal of our government. This paper tries to have a rational discussion though the institutional arrangements,the interaction between the relevant functional departments of the government and the effective interaction among the government, enterprises and the miners.At present, the researches of mining labor safety regulations are concentrated on two levels. Firstly, they focus on the legal and regulatory aspects, for example: Legislation is the first means we will think of when we handle with mining labor safety issues, we hope to make it incorporated into the orbit of the legal system and provide a legal guarantee, which includes a lot of details, such as the scope of responsibility settings, the sentencing determination after the accident occurred, and wish to resolve the problems through legal means; on the other hand, mining industry has its own safety standards and safety rules, regulations and so on. Secondly, they pay attention to the operational level, for example: whether the government regulation enforces the law strictly or the law violators will be dealt with under the circumstances of laws, whether the enterprises and the miners are working strictly follow security rules and regulations of labor safety under the provisions of them. We usually find that operational level is the distribution center of the accident. This paper attempts to use the above studies as a basis for further research from the theory of law and economics perspective, make use of the macroeconomic approach such as cost - benefit analysis to discuss the problems of mining labor safety regulations and policy performance. Through this discussion and analysis of the necessity for regulation and the problems of policy performance, through learning the advanced experience from the United States, I try to put the reform of mining labor safety regulations into right direction in light of the facts of China mining labor safety regulation. I hope to achieve effective interaction between the relevant functional government departments, as well as among the government, enterprises and the miners: The power and the responsibility are the twin companies of government regulation, the government must take due responsibilities, such as formulating laws and regulations that can be followed by, strengthening supervision of management departments of labor security functions, reforming the management tools and practices of labor safety regulations system, eliminating the banned or backward small mines; Corporate responsibility and conscience are also in the same way, they should also have social responsibility and conscience. Not only mine enterprises must increase investment and carry out safety work safety training, but also the company that serves for the mine enterprises must provide excellent quality products and the corresponding technical support; the mine workers must supervise the implementation of mine production safety policy and make use of he power of unions to safeguard their rights and interests.The full text is divided into four parts:Preface: This part starts from the serious problems of high frequency of mining accidents that we face in the process of current economic and social development, and then form the whole thinking of this proposition.Part I: The general theoretical research of labor safety regulations. In the first, this part elaborates the objectives of the social regulation and the connotations of the regulation, defines the scope of the labor safety, and explains the basic theory and reality causes of social regulation. Labor safety relates the physical health safety of the broad masses of laborers and the healthy economic development and the social stability, it is the bounden duty of government to solve the safety problem, so it has sufficient need for government regulation of labor safety. Labor safety regulation primarily makes effects through legislative and administrative means, but we must form a joint force of the combination of complementary systems of regulation to achieve the effectiveness.Part Two: The realities,the problems and regulatory system performances of China's labor safety regulations. The part makes analysis of the grim situation of mining labor safety and the reality of accidents happened again and again, expounds China's legislative system of labor safety regulations, China's administrative system and measures of labor safety regulations, China's labor social regulation system of economic means, I especially concentrate on the market access system of the mine production and the risk mortgage payment system for mine production safety, then analyses, expects and evaluates the policy performance on the regulation system through the cost - benefit analysis perspective to put forward some reasonable proposals for the government to formulate appropriate and effective policies of the regulation system.Part III: The advanced experience of the United States .This part mainly analyzes the successful experience of the United States labor safety regulation, the experience includes four aspects, which are a tight legislation,strict law enforcement,advanced technologies and the improved government services. So we can fully understand its patterns, also we can learn something useful and valuable for our labor safety regulation from the United States. Part IV: Recommendations to the improvement of labor safety (mine labor safety as an example) regulation. At the end, based on the above analysis, from the former prevention to the remedial, and from the government organizations to mine worker individual, from the regulations of mine work safety to the regulations on the government regulation, I make four proposals for enhancing the effectiveness of labor safety regulations system in combination with the actual situation in China: imposing harsher penalties by law to solve the problem; Regulation to stop the interest alliance between the person who enforces the law and the owner of the mining to safeguard the workers'rights; the mutual self-help among mine workers through the unions; the industrial injury insurance to make the loss deduce to the mix in order to strengthen remedial measures.