The Research On Administrative Enforcement Of Safety Production Of Jilin Province

★With the frequent development of administrative management activities, the administrative law enforcement actions involve many fields, such as national defense, education and public health. The field of production safety is also a content of the administrative law enforcement, which is administration and supervision of personal security, property and product safety, transportation and related fields in labor process for enterprises and government institutions. The personnel of administrative law-enforcement departments have the right to punish administrative counterparts who violates lawful duties. Based on the fundamental principles of the administrative law enforcement safety, this thesis makes an analysis of the present situation of production safety and administrative law enforcement in Jilin Province and elaborates on how to optimize the system of production safety and administrative law enforcement in Jilin Province from three parts.★The first chapter expounds four questions. First and foremost, production safety and administrative law enforcement is the examination of production safety administrative counterparts about their states of practicing their duties and obligations, in the process of which safety production supervision agencies and law enforcement officials comply with legal duties and legally prescribed scope of authority and procedure and enforce applicable laws, regulations and rules. This will directly have an effect on specific administrative acts of their duties and obligations. It is a kind of public good in nature to some extent. Secondly, the subject of production safety and administrative law enforcement is a given one. The enforcement power is entitled to safety production supervision agencies and law enforcement officials only by national authorization. The supervision agencies carry out acts of production safety and administrative law enforcement in its own name and bear the legal liability independently. These acts are concrete administrative acts. Thirdly, production safety and administrative law enforcement action is a action in which administrative regulations and standards of production safety are binding in general cases and applicable to specific production and;business operation entities and individuals. According to different standards, we can classify production safety and administrative law enforcement actions into seven categories, namely, conduct production safety and administrative law enforcement actions, omission ones, formal ones and informal ones. Once a production safety and administrative law enforcement action is conducted, it will have force of law, namely, determinative force, constraining force and executive force. Production safety and administrative law enforcement action can be repealed if administrative organs exercise their power illegally or improperly, lose their force of law partially if practical situation changes, or become invalid if the abolished or ineffective laws and regulations are quoted. Fourthly, it talks about the procedures of production safety and administrative law enforcement. Effective production safety and administrative law enforcement procedures can supervise and monitor administrative organs perform official duties by law, protect the lawful rights and interests of administrative counterparts, improve the efficiency of production safety and administrative law enforcement, and coordinate and promote the development of safety production supervision work.★The second part of the thesis mainly sets forth the present situation of production safety and administrative law enforcement of Jilin Province. To begin with, it makes a comparative analysis of the whole situation of production safety of Jilin Province in 2006, 2007 and 2008. On the whole, the overall situation of production safety of Jilin Province tends to be better. However, major incidents did happen once in a while, especially in some particular industries, such as mining, construction and transportation. In recent years, with the supervision of these industries in which major incidents are frequent occurrences, we have achieved remarkable effects and the accident rate drops year by year. Secondly, the causes of the safety production problems have both subjective factors and objective ones. Thirdly, there exist many problems in the process of production safety and administrative law enforcement of Jilin Province, such as the invalid evidence of administrative law enforcement, replacement of punishments with fines and the bad environment of law enforcement. What is more, the problems of production safety and administrative law enforcement mainly result from the lack in service consciousness of the administrative law enforcement personnels, the lack in supervision system and the;irregular law enforcement.★The third part of the thesis mainly talks about the blueprint of the improvement of production safety and administrative law enforcement of Jilin Province. For one thing, a complete legal system provides the support for the implementation of laws. Therefore, to perfect related legal system is of great importance. By surveying the production safety legal system at home and aboard, we can find that some developed countries made strict regulations on guiding principles, academic research and punishment measures. First of all, the rights and interests safeguard system of production safety aims at the protection of personal rights and interests of the employed in production and business operation entities by means of report, claim, appeal and reconsideration. Secondly, the establishment of perfect production safety supervision system is a powerful guarantee and an effective supervision measure to avoid safety accidents. Thirdly, effective technical standards of production safety are important aspects of the legal norms of production safety and need to be strengthened and reinforced. In the exercises of law enforcement, investigating and prosecuting apparatus should examine the entrance criterion of enterprises by not only national standards but also the standards in certain industries. Enterprises that are not conforming with standard are not allowed to be access to markets. Fourthly, it talks about the legal safeguard of work safety. The analysis of recent major safety incidents of Jilin Province shows that most of them are caused by negligence. Hence the judgment of post responsibility and the inquisition of related persons in charge are educational for later operation works of production safety. Fifthly, it talks about the safety guarantee system of production and business operation entities. Under the present situation of modern market economy, enterprises operate themselves with full autonomy and full responsibility for their own risks, profits and losses, which fully brings the initiative to play. Meanwhile, it also brings about some negative factors. For example, the supervision is not in place, and the workers who are in particular industries cannot be protected effectively. All these cause safety incidents. Therefore, we should fix on the fundamental systems of enterprises and remove the hidden danger form the sources to guarantee production and operation safety. Sixthly, it talks about the emergency-rescue and settlement systems. How to handle the incidents most quickly and;effectively is the key to minimizing the damage caused by the incidents. Respective departments should play its role the moment the incident happens and coordinates to cooperate with the rescue work. On the other hand, we should establish a standard system of production safety and administrative law enforcement, which centers on officials accountability system. Firstly, it is necessary to improve the internal mechanism of official accountability system in production safety. Secondly, in the exercise of accountability, we should put official accountability system into practice strictly. Thirdly, the external mechanism of officialsaccountability system in production safety ought to be improved. Last but not least, the qualities of law enforcement personnel and the environment of the administrative law enforcement should be improved.