The Studies On The Compensation Mechanism Of Mining Accident In China

China is the largest coal producer and consumer, but also the largest coal mining accident "producer" in the world. The frequent occurring of the coal mining accidents not only causes a great threat to the safety of miners'life and health, but also seriously affects the social stability and development, which raises the concern of the government and society. Therefore, in the current, improving the compensation mechanism of coal mining accidents in China is particularly important.The thesis analyzes in the logic order of overview of coal mining accident compensation in China, analysis of the lack of mining accident compensation mechanism and comparison of the compensation mechanism in foreign countries. Basing on this, the author puts forward countermeasures for the improvement of coal mining accident compensation mechanism in our country, expecting that these countermeasures can be made for reference in the improvement of coal mining accident compensation mechanism.Firstly, this thesis discusses the current situation of mining accidents and the existing compensation mechanism in our country, in which the author considers that the main reason for the frequent occurring of the coal mining accidents lies in the unreasonable economic structure, the empty shell of mine property rights and the failure of government supervision. Under the current coal mining accident compensation mechanism, legal responsibilities are burdened by the mine enterprises, some of the political responsibilities are burdened by some government officials, and economic responsibilities are shared by the mine enterprises and government. "Mine owners get rich, the government foots the bill" may be the image description of current status of mining accident compensation in our country,.Many issues exist in the aspect of mining accident compensation in our country at present. Firstly, externalization of the mining accidents cost is serious. Mine owners always transfer too much of the accident cost to the miners and the community; secondly, the industrial injury insurance is ineffective, which causes its protection function can not be demonstrated. In practice, many mining enterprises attempt to avoid the industrial injury insurance, in order to reduce costs. Meanwhile, the commercial insurance in the coal industry has the unique features like "high-rate, high-deductible, low-responsibility", which also leads to inadequate power for coal mining enterprises to buy insurance; thirdly, the unclear liability subjects promotes the situation of "mining enterprises get rich, the government foots the bill" and the loss of mining accidents burdening by the community; Fourthly, the coal mining safety risk mortgage payment is incompletely implemented, therefore, its results are not obvious; Finally, the protection for the miners'rights and benefits is weak, and judicial remedies and administrative intervention relief can not fully protect the rights and benefits of miners.In the process of improving the mining accidents compensation mechanism, the paper suggests to learn the mining accidents compensation experience of the major coal-producing countries, especially the United States and Germany. The U.S. and Germany have rather high characteristics in their insurance and compensation mechanisms, meanwhile, the facts prove that their own compensation mechanism have played a significant positive effect in improving the coal mine production safety and in the protection of legitimate rights and interests of miners.Therefore, basing on analyzing of the existing problems of mining accident compensation mechanism and absorbing foreign experience, this thesis puts forward the following specific measures for the improvement of the current compensation mechanism: Firstly, great efforts should be made to increase the accident compensation substantially, and to enhance and unify the compensation standards for the casualties miners, which then can encourage coal mining enterprises to attach importance to production safety, protect the legitimate rights and interests of miners, and promote the internalization of the accident loss; secondly, in the premise of a sound industrial injury insurance, commercial insurance should be developed as an addition for industrial injury insurance. Meanwhile, by referring to the third party liability insurance for motor vehicle, the author suggests to implement the compulsory insurance on the coal industry, to improve the market access threshold for coal enterprises into the coal mining industry and to increase the amount of insurance to offer all-round protection of miners'rights and benefits; thirdly, in the time of clearing burden subjects of the responsibility of the mining accident compensation, mining enterprises are also responsible for their offenses and bear the punitive liability, while the government should bear the liability of its poor supervision; Fourthly, coal mine production safety risk mortgage system should be implemented strictly and legally; Fifthly, in order to strengthen the remedies and relief for the miners rights, the paper proposes a mandatory promotion of labor contracts and the "add mode" in the relationship between injury insurance payments and civil compensation, including allowing the spiritual damages claims.