| Administrative Law Regulation and coal production safety are closely related.In this paper,Administrative law perspective is used to analyze the relationship between them, And analysis on the status of China’s coal production safety. Then find the problem, propose a solution to solve the problem.This article is divided into the following sections:Part I:Analying and comparing of the words which are associated and similar with the concept of coal safe production, and exploring the connotation and extension of the safe production of coal.There are two Similar concepts of the safe production of coal’Coal energy security’and’Environmental safety of coal’.The two concepts and the safe production of coal are completely different connotation.Law terminology related to the topic of this article is the safe production of coal Administrative Regulations, specifically in relation to the definition and principles of the statement in the first part of the analysis.Administrative law regulation to comply with the principle of legitimate are the precautionary principle, the principle of full participation and people-oriented principle.Part II:Because of the characteristics of the coal safe production industry, the decision can not be separated from administrative law regulation, the second part of the content is divided into Administrative Regulations practical necessity and administrative regulations made legal basis for the analysis. Administrative Regulations practical necessity mainly in the safe production of coal a huge impact on the national economy, the safe production of coal on the administrative supervision of the demands of reality, but also to build an inevitable requirement of the rule of law and other legal basis by the right to life and health status, administrative characteristics of the decision, that the administrative law of nature must be regulated in the safe production of coal.Part III:This part main analysis of the Administrative Regulations on the safe production of coal. The executive and the legislature is the legislative level, the content of the legislation confusion, need to improve. After analysis, the main problem is the administrative licensing permission settings on the lack of transparency and integrity, lack of effectiveness of the content, operability. The main problem is the administrative supervision regulators to set the body on the distribution of competences, the constraints of power, team building on. The administrative penalties major punishment is incomplete, punishment procedures are not standard. The main problems of administrative accountability is inadequate legislative basis for accountability, Accountability and Responsibility, accountability purposes Deviation. Part IV: The last part is the third part of the issues raised, the proposed comprehensive recommendations. First, the specification coal production safety executive and the legislature, explicitly clear concept of modern production safety legislation, establish reasonable safety legal system. Second, to play an administrative law ex ante regulation making. The spirit of the legislation to comply with the Administrative Licensing Law, the establishment of a standardized coal production safety license system. Third, improve the system of safe production of coal. And regulatory procedures and supervision of team building in the regulatory body set on continuous improvement and perfection. Fourth, rational and effective use of administrative means of punishment, punishment and procedures must comply with the spirit of the rule of law. Fifth, improve the safe production of coal administrative accountability system. Changing Administrative Responsibility pattern, the establishment of rights and responsibilities and accountability mechanisms that regulate the production safety administrative accountability. |
