Research On The Institution Of Production Safety Liability

Safety is an essential element contributing to the exploration toward constructionof the Legal System of Production, and it is of great emphasis that we seek solutions toimprove the relevant Institution of Safety Production Liability, since we are now facingthe production safety accident-prone background. In order to meet the needs of socialproduction situation, People’s Republic of China on Work Safety (draft) has beenpublished in2012, and is still on the revision, it is said the final edition will be issued inrecent years. This article would like to avail ourselves of this opportunity, through to theproduction safety related theory analyzes the legal liability system, combined with thedevelopment of production safety situation in our country, to figure out the deficiency ofthe existing production safety liability system in China and put forward the perfectSuggestions, so as to contribute my energy to the improvement of the Institution ofSafety Production Liability and its development.In this paper, excluding the Introduction and Epilogue, the text is divided intoseven parts:The first part is an overview of Production Safety Liability. This section introducesthe concept of safe production and production safety accidents, and then analyzes theorigin of Production Safety Law and its development. On such basis, I intend to give anintroduction of the concept for Production Safety Law, from the meanings, values,institutional features aspects. I will then lay a solid foundation for the study of the fulltext laid the theoretical foundation.The second part is a comparative analysis of Institution of Safety ProductionLiability. In this part I put several typically Western countries with high legislative levelinto my consideration. Firstly, I present the legislative overview of countries, then Isummed up the legislative commonalities and legislative trends of these countries, andfinally I put forward the comparative analysis of the difference between China and theWest legislation from four aspects. That is, the violations, the main responsibility,liability forms of punishment.The third part is the safe production of liability relative independence interpretation.By examining the Safety Production Liability legislation and practice, pointing out thatthe Safety Production Liability should be further improved on a relatively independentbasis. The fourth part is the principle of imputation of Safety Production Liabilityanalysis. Treated as the core issue of Safety Production Liability, I summed up theprinciple of fault liability, no-fault liability and legal responsibility in order to apply todifferent situations.The fifth part is the analysis about elements of the formation of Safety ProductionLiability. I undertake the issue through three ways, which is the element of persons incharge, subjective elements, and objective elements. In doing so, I conduct a relevantdeep analysis of the formation of the Safety Production Liability.The sixth part is on the defections of the current Institution of Safety Production inChina. This section I first reviews the disadvantages of Safety Production Liabilitylegislation, then conduct the analysis which describes the problems of the existingsystem on such basis.The seventh part is about the proposals of improvement. By exploring the issuefollowing the text of the prior theory and analysis, I set forward my proposals ofimprovement regarding how to fulfill the goals we want to achieve.