On The Implementation Of The Central And Local Division Of Powers And Administrative Law

Serious mine accident in China has lasted for many years, number of accidents and deaths are not yet a significant downward trend. The root cause of mine disaster occurred frequently in our country lies in the coal mine safety production management of relevant laws and standards not effectively implemented. And our country coal mine safety production laws can not effectively play a role and is the main reason of the power division between central and local government in China is unreasonable, cause local government enjoys the great interests in the coal mining, corresponding law enforcement agencies, local governments can’t infringe upon the interests of the local government law enforcement action, eventually lead to impotence, law enforcement is lax,the phenomenon of refrain from punishing law-breakers have begun to appear. Of the United States, by contrast, the same as some of the best in the world coal mining power, coal mining industry in the United States has become one of the safest industry. Investigate its reason, is that the United States on coal mining management system, the power division between central and local. America in accordance with the constitution established the central vertical independent established for coal mine safety production management system, all the earnings and the executive belong to central, to rule out local government in coal mine production safety aspects of illegal interference, to rule out local governments for economic gain in coal mining. In other words, entrusted by the federal government agencies to enforce federal coal production safety laws and standards between the local government law enforcement agencies and coal mining industry there is no economic ties, and the effective protection of the law enforcement agencies, law enforcement independence.Combined with the status of China’s administration of coal mine safety management, draw lessons from the United States on coal mine safety production management the separation of powers between federal and state of experience, to ensure the effective implementation of the coal safety production laws and regulations, law enforcement agencies must be cut off coal mine with coal mining workers between economic ties. To do this, you must take in coal mining earnings all belong to the central government, the coal mining licence to the central unified exercise, which will be involved in the production of coal mine production safety laws and regulations of local government law enforcement agencies exercise of executive power by the central commission, funded by the central unified payment. Second, the central should be resorted to the coal mine safety production supervisor rotation to prevent corrosion of coal industry to law enforcement personnel. Third, the central should be using the illegal action of the private power supervision and the coal industry, create a "through train" for private reports and complaints.