A Research On The Neglect And Breach Of Duty Of Administrative Law Enforcement Officials In Safety In Production In China

In this essay, we regard administrative enforcement law system of safety in production and the specific administrative act of administrative enforcement law of safety in production as entry point, to analyze the reason why administrative law enforcement officials neglect and misconduct their duties in safety in production in China, so as to put forward precautionary measures.In the first section of the first chapter of this essay, the author states in detail the basic concept, main features, basic contents, basic links, and main forms of administrative enforcement law of safety in production in China, and puts forward the four elements theory of administrative enforcement law of safety in production. Namely: any specific administrative acts of administrative enforcement law of safety in production must contain administrative law enforcement surveillance, law enforcement punishment, law enforcement correction, and law enforcement precaution of safety in production, to form closed cycle. The lack of any link will lead to the neglect and breach of duty of administrative law enforcement officials in safety in production. In the second section, it states the installation of administrative law enforcement agency of safety in production in China and the historical origin of administrative law enforcement agency of safety in production in China. In the third section, it states specifically the current situation of the neglect and breach of duty of administrative law enforcement officials in safety in production.In the first section of the second chapter of this essay, according to the provision of laws and regulations of safety in production in China, combining the neglect and breach of duty crime of administrative law enforcement officials of safety in production in great safety in production accidents that have been disposed and closed in recent years, namely the three aspects of misusing of authority, misconduct in office, and committing illegalities for personal gains, the author states the expression form of the neglect and breach of duty of administrative law enforcement officials in safety in production in China. In the second section of the second chapter, the author states the underlying reasons of the produce of the neglect and breach of duty of administrative law enforcement officials in safety in production from the following five aspects. Firstly, the current subject position of administrative law enforcement of safety in production in China is not clear, and the demarcation of administrative law enforcement responsibility of safety in production is unclear. Secondly, the cultural qualities and professional qualities of administrative law enforcement officials of safety in production are not very high, and their law enforcement knowledge preparation is insufficient. Thirdly, the oversight of administrative law enforcement of safety in production is deficiency. Fourthly, the legal consciousness of administrative law enforcement officials of safety in production is weak. Fifthly, the corrosion of administrative opposite party of administrative law enforcement of safety in production.In the third chapter of this essay, the author puts forward specific countermeasures for preventing the neglect and breach of duty of administrative law enforcement officials in safety in production. Firstly, safety in production inspection system should be built up, in which the law enforcement subject must be clear, power allocation must be scientific, and the law enforcement agency must be leaded vertically, which can undertake administrative law enforcement responsibilities of safety in production independently. Secondly, the specific administrative acts of administrative law enforcement of safety in production, such as lawful intercept, administrative licensing, and administrative penalty of safety in production, should be specified further, so as to enhance administrative law enforcement efficiency of safety in production. Thirdly, the internal and external supervision mechanism of administrative law enforcement of safety in production should be built and perfected, so as to strengthen administrative law enforcement supervision of safety in production. Fourthly, the quality of administrative law enforcement officials of safety in production should be enhanced, the quantity of administrative law enforcement officials of safety in production should be strengthened, administrative law enforcement equipments of safety in production should be ensured, and the team development of administrative law enforcement officials of safety in production should be strengthened.In this essay, under the condition of market economy, there are strong theoretical significance and practical significance in promoting our safety in production work transferring from public administration to law-based administration, specifying administrative law enforcement of safety in production, preventing the neglect and breach of duty of administrative law enforcement officials in safety in production, promoting the fundamental improvement of safety in production trend, and protecting furthest administrative law enforcement officials of safety in production.