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The Mine Injury Management Legal System In South Africa And Its Enlightenment To China

Posted on:2011-08-17Degree:MasterType:Thesis
Country:ChinaCandidate:B HuangFull Text:PDF
GTID:2166360305495764Subject:Law
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With the rapid development of economy in China in recent years, mining industries have been significantly improved, however, it is can not be overlooked is that coal mine safety accidents and industrial injury casualties have become a social issue of common concern. The high accident frequency in coalmines demonstrates that prevention, regulation, supervision and treatment in mining accidents in China are not yet forming a standardized legal system and organization, as well as,there are many gaps and blind spots in industrial injury management system in the mine. Same mineral power country, South Africa, its deep production accident rate has been continuously decreasing in South Africa since 1996 as a result of the Mine Health and Safety Act. The people ready and supremacy of human rights concept throughout the laws and standards system of the mine industrial injury management in South Africa effectively regulate the mine occupational health and do utmost to guarantee mine companies'and miners'legal rights, which can be used for reference by China and the world mine power.In this paper, comparative analysis and historical analysis methods are used for indicating the shortcomings of that legal system in China mining industrial injury management on the basis of analyzing the legal system of the South African mining industrial injury management. And make recommendations to reform the legal system of injury management by learning from experience in South Africa.Except the introduction and conclusion, there are four parts in this paper.The first part summarizes the industrial injuries management system, including its contents and significance. The mine industrial injury management system covers mine industrial injury prevention legal system, mine industrial injury insurance legal system, mine industrial injury certificate legal system, mine industrial injury compensation legal system. The mine industrial injury management is for the purpose of protecting the legitimate rights of mine workers; helping safety in production; promoting a better social security system.The second part analyzes the contents and features of the legal system of mine in South Africa. With the Mine Health and Safety Act, this part introduces the main measures and features in various stages of mine industrial management. Through making specialized Mine Health and Safety Act, South African emphasizes on industrial injury prevention matters, demands industrial injury insurance liability, unites industrial injury certificate standards and increases the intensity of injury compensation, thereupon then effectively ensuring the effectiveness of mine injury management system.The third part analyzes the current situation and shortcomings of the legal system in China mine industrial management. Although a few industrial injury regulations in current Chinese law, a lack of specific legislation exists. And the laws and regulations in force are too general revealed in general provisions in industrial injury prevention system, the confusion of injury management supervision, unclear division of responsibility for injury management, which do not meet the status of China's economic development.The fourth part raises recommendations to reform the legal system of injury management by learning from experience in South Africa. With the present industrial injury legal system in China and advanced management experience from South Africa, the author raises recommendations to reform the legal system of injury management including establishing a complete legal system for injury management; actively promoting the standardization of injury management system; emphasizing the importance of injury prevention legal system; strengthening supervision and law enforcement of injury management.
Keywords/Search Tags:South Africa, injury management, mine injury management
PDF Full Text Request
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