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Study On The Legal Issues Of Accountability For Production Safety Accidents

Posted on:2021-02-03Degree:MasterType:Thesis
Country:ChinaCandidate:Q T ZhangFull Text:PDF
GTID:2416330629951354Subject:Economic Law
Abstract/Summary:PDF Full Text Request
China's safety production situation continues to improve steadily,but there are still more risks and challenges,for each production safety accident,we need to learn deep lessons from it,strictly implement the regulatory responsibility of government departments,in order to prevent similar accidents from happening again.However,in the production safety accident,for those who have the responsibility of safety production supervision and management and should be held accountable for their dereliction of duty,there are still many problems in practice about how to scientifically divide the responsibility and strictly in accordance with the prescribed types of responsibility and the range of responsibility for accountability.According to the relevant provisions of China's production safety accident accountability and the processing of responsibility division in practice,the different types of responsibility in accident accountability are discussed from the administrative accountability,criminal accountability and the convergence mechanisms of accountability.Through literature analysis,case analysis and text analysis method,summarizes the existing problems in the accountability of production safety accidents in China: The problems in administrative accountability include the relatively single subject of accountability,the unclear basis of the division of responsibility,and the unclear standard of accountability;The problems in criminal accountability include the ambiguity of the standard of accountability,the inaccurate determination of accountability cause and effect,and the unreasonable statutory penalty provisions;The problems in convergence mechanisms of accountability include the vagueness of the transfer criteria,as well as the information sharing mechanism is still to be perfected.In response to the above questions,put forward corresponding suggestions for improvement.Including strengthening the accountability of different bodies in administrative accountability,clarifying the basis of accountability and the division of responsibilities,clarifying the scope of responsibility and perfecting the method of due diligence in the area of administrative accountability;clarifying the standard of guilty,making the correct identification of behavior and the causal relationship between the accident results,and improving the criminal accountability of sentencing provisions in the area of criminal accountability;Finally,in the work of accident accountability,we should improve the transfer mechanism for related cases,and improve the information sharing mechanism.
Keywords/Search Tags:production safety accidents, accident accountability, accountability
PDF Full Text Request
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