Research On The Subject Of Legal Relations In Production Safety

Based on the theory of the subject of the legal relation in the jurisprudence and science of economic law,combined with the current safety production law,the subjects of the legal relation in safety production in our legal system consist of four main sorts including the subject of the production and management,the subject of the safety supervision,social subject and subject of labor.The subject of the production and management is the subject who implement the production and management behaviors and is frequently named 'production and management unit' in the safety production law whereas is called 'enterprise' in the policies.The subject of the safety supervision is the subject who has the power to compel the production and management to realize safety and plays an important role in the safety production law to show the features of economic law.In the new period,the social subject importantly indicates the theory of social governance and the three-dimensional subject frame theory in the economic law.The subject of labor establishes the labor legal relations with the production and management unit who has the rights and obligations in the safety production law to realize safety in the unit.Based the fundamental theory in the jurisprudence,the structure established by the four subjects above and the legal relations among them become the multiplied-dimensional subject frame in the safety production law,the core value of which is to realize that the production can be ensured safety,and the center clue of which is to distribute the safety management responsibilities.In the multiplied-dimensional subject frame,the production and management unit is obliged to ensure the production safety itself,and at the same time,it is still supposed to comply to the supervisions from the public power department and interacts with the social subjects to realize their social safety supervisions.The safety supervision department has the power to compel the units to ensure safety nevertheless in the meanwhile the department is also essential to be supervised by the social subjects and has the responsibilities to organize them to express their social safety supervision opinions and arguments.We have to admit that the safety supervision department is the main and apparent symbol of the value of the economic law.The social subject in the frame has the obligations to participate in the safety supervisions whereas these obligations have to be related and interacted with the units' self safety and the departments'compelled safety,then indirectly realizing the supervision to the production safety eventually.Finally,the labor subjects,also the laborers,whose labor safety rights and obligations have the unity of opposites relations with the self safety management from the units,play an important role in the subject frame.To some certain extent,the multiplied-dimensional subject frame in the safety production law is the frame of distributions of the production safety rights,obligations,powers and responsibilities in essence.Sincerely,the reformations and developments of the doctrines in the safety production law in the future is also to adjust the distributions of safety managements and supervisions step by step.