The Theory Of Special Equipment Personnel's Duty Of Care

Special equipment as a widely used in industrial production and daily life,has a high risk of machinery and equipment,related professionals in our country has reached a level.Some essential characteristics of the special equipment for the accidents,from statistics,the vast majority of accidents and workers,illegal indulgence hidden trouble,illegal operation command and illegal modification repair unsafe acts.Under the current legal system,the responsibility of the accident shall be investigated for criminal responsibility according to law,there is a big probability under criminal detention or even a long prison sentence.Look from the criminal law,evaluation malpractice crime or not,mainly from individuals in the criminal law on the requirements of the duty of care;At the same time,the current in the administrative law,the behavior of those responsible for the accident analysis,also there is no uniform standard,so that there is a certain degree of responsibility that randomness,and caused some cases that the workers,the conclusion of accident responsibility is not reasonable.In view of the special equipment accidents of the execution cohesion is very tight,might as well combined with the characteristics of administrative law,from the duty of care in accident investigation point of view carries on the analysis to the behavior of the staff,so as to more accurately identified each of responsibility in the accident,this also is helpful to guide other employees evaluation to correct their behavior,thus to avoid accidents.In this paper,by comparing the differences between duty of care in the field of administrative law and other department law,combined with the general point of production safety and the characteristics of the special equipment industry,classifying staff duty of care,and emphatically discuss the main points of the supervision and management and direct behavior person a duty of care.Analysis from the perspective of duty of care to have accident case,the contrast of the original investigation result,also examined the feasibility and rationality.