Mine Safety Supervision And Management Of Administrative Liability Study

In recent years, mine safety has been one of the great social focal problems. Mine safety concerns every aspect, including the miners' body and life, the public and private property, and the harmony and stability of the whole society. The unstable factors that frequency of the mine accident has brought have seriously affected the normal development of society. So it has become a difficult problem how to solve mine accident. This text mainly studies the issue of mine safety from the perspective of the administrative legal liability of supervision and management of mine safety with a view to providing legal thinking and the path on resolving frequency of the mine accident.This text is divided into two parts. Article I mainly introduces the research background of the administrative legal liability of supervision management of mine safety. Article II is mainly the administrative legal liability of supervision management of mine safety.Article I includes two parts, the situation of safe production of the mine in recent years and the reason why accident of production of mine safety happens so frequently.The first part is the situation of safe production of the mine in recent years in our country. Safe production is the eternal theme of enterprise. Without it, benefit will right away. At the same time, it may bring greater loss to the country and the people. And the mine industry itself is a high-risk industry, so we should pay more attention to mine safety. The mine in our country mostly belongs to underground exploitation with small work place, complicated production links, many dangerous factors, and more accidents than other trades. Among them, the coal trade is one of the most dangerous trades with most serious casualty accident in the industrial production of our country. The death toll of the accident of annual colliery all wanders up and down about 5,000 on average in recent years. And the relevant data indicates, the momentum of frequent occurrence on safe production accident of mine in our country has been failing to get the effective containment from 2000 to 2007. No matter the mine emergence number of mine accident or the death toll caused by mine accident has been remaining high all the time, especially the safety accident in production of the coal. There is a vivid description in life that the mine catastrophe is more terrible than the tiger. On one hand, the state repeatedly contain mine, on the other hand, the vicious coal mine accidents take place frequently. That is to say, the situation of safe production of mine of our country has been in the severe condition all the time. The mine accident seizes the victim's life, caused the wonder's permanent disability and the enormous economic losses and psychological injury to victim's family. And it has bought the tremendous, losses to country, destroyed national colliery facilities and caused the difficulty of the mine exploitation. Meanwhile, it affects the stability of the society.The second part is the reason why safety accident in production of mine happens so frequently. Facing the reality that it happens again and again in our country, a lot of experts and scholars have all carried on great concern and studying, and probed into the reason why the safety accident in production of mine takes place frequently from different angles and disciplines. The scholar studies in terms of ore right or ore homework environment or management system etc. But no matter from which perspective and discipline set out to study the safety accident in production of mine, a fact can't be avoided that it was not caused by a single reason that the mine accident took place frequently, there are many comprehensive factors inside, strong demand for coal resources energy shortage brought about; mining operators' illegal operation ignoring the safety of the mine and disregarding the lives of the miners in order to reap huge profits; the lack of supervision of government departments; on-performance in administration's behavioral course; collusion of official and coal misconduct hiding behind the accident investigation and so on. Initiations of the safety accident in production of mine all have its most direct reason and fuse each time. All there is a common point behind numerous great mine accidents, which is the illegal activity of supervision and management departments and relative people. The mine safety supervision and management departments which supervise the mines' safety did not achieve what they should do and should be responsible for because of the supervision department's own personnel disposal and other factors. Meantime behind the safety accident in production of mine each time there are illegal business practices because the mine operators were lured by money and luck. Often the factor of the power corruption is being hidden behind what the safety accident in production of mine is sent frequently. We can say that the power corruption existing behind the safety accident in production of mine has already been condemned by whole society. Mine trade's own complicatedness and sudden huge profits make it become a trade that has temptation very much. Enticement back of money must breed hotbed of corruption. So the corrupt problem in the mine trade can be said to be unavoidable. The collusion between the officer and the mine managers has already been known very well by people. The mine operators, in order to seek the lowest cost and maximization of the profit, adopt various means to form the interests community with the duty personnel responsible for supervision, and some civil servants exploit their power to seek the economic benefits from operator of mining industry. This is typically a power-money deal and corrupt behavior. The power corruption in the colliery trade mainly shows as the following forms: Abuse one's power, neglect one's duties and participate in by shares illegally. In addition, we review the safety accident in production of mine from system frequently including the reason on the management system of the mine trade and safety supervision and management system in production of mine.Article II includes three parts: the third part, basic theory analysis of mine safety supervision management administrative legal liability; the forth part, the current situation of the administrative legal liability of safety supervision management of mine in our country and existing problem. The fifth part, the discussion of the perfection of the administrative legal liability of safety supervision management of mine.The third part is the basic theory analysis of mine safety supervision management administrative legal liability including the meaning and characteristics of the administrative legal liability of safety supervision management of mine, content of the administrative legal liability of safety supervision management of mine and the bearing of administrative legal liability of safety supervision management of mine. The administrative legal liability of safety supervision management of mine is legal liability that the subject and object of supervision and management should be responsible in mine safety because of violating the administrative law related to mine nor law of other department. The subject of the administrative legal liability of safety supervision management of mine involves more relatively widely, These subjects are not but the single one but diversified, including the subject of supervision management, staff of supervision management, person supervised etc.. Investigating organs of administrative legal liability of safety supervision management of mine are diversified, not merely limited to the judicial authority, including the organ of state power yet, special audit, supervisory organ. The administrative legal liability of safety supervision management of mine includes the legal liability of the subject of supervision and management, the administrative government functionary's legal liability and operator of mining industry, as the relative people of the administration's legal liability. The bearing of administrative legal liability of safety supervision management of mine includes the bearing of the legal liability of the administrative subject, the bearing of administrative government functionary's legal liability and the bearing of the operator of mining industry, as the relative people of the administration's legal liability.The forth part is the current situation of the administrative legal liability of safety supervision management of mine in our country and. existing problem. In fact, the relevant laws about the safety in production of mine in our country are sounder, there are "safety in production of the People's Republic of China " , "Mine safety law", "Safety regulations of mine" . There are local regulation and administrative regulations of State Production Safety Authority and Supervision Bureau. There are provisions and penalty of Major Responsibility Accident Crime and Major Safety Accident in criminal law. But the Provision on administrative legal liability of safety management of mine in our country usually sporadically appears in various legal norms. The existing problems of the mine safety supervision management administrative legal liability in our country mainly include: the problems of the laws and regulations, the problems of unreasonable settlement of administrative legal liability and problems of accountability mechanism of administrative legal liability. Among them the problems of the laws and regulations include the imperfect of laws and regulations, lower of the relevant laws and confusion of crossing; the problems of unreasonable settlement of administrative legal liability includes: the kind of administrative legal liability is relatively simple, It is not clear to the supervision administrator's responsibility, power and responsibility are mismatched, The responsibility supervised between the administrator and relative people is uneven; the problems of accountability mechanism of administrative legal liability question include unclear imputation principle, Shortage of the responsibility investigation mechanism in advance and imperfection afterwards of the responsibility investigation mechanism.The fifth part is the discussion of the perfection of the administrative legal liability of safety supervision management of mine. It is necessary for the human rights guarantee that the constitution stipulates. The life is above anything. Mine accident is the serious infringement of human rights and violates the constitutional spirit seriously. And it is the need of the construction of the harmonious society. The harmonious society is the theme that we have been advocating all the time in recent years. But it is bringing the disharmonious sound to this theme that the mine accident happens so frequently. How we should perfect the administrative legal liability of safety supervision management of mine. We should perfect relevant laws, settle administrative legal liability and perfect the accountability mechanism of administrative legal liability.