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Research On Safety Production Management Protocol

Posted on:2021-06-30Degree:MasterType:Thesis
Country:ChinaCandidate:C CaoFull Text:PDF
GTID:2516306494492954Subject:Economic Law
Abstract/Summary:PDF Full Text Request
As an agreement with the characteristics of economic law,the work safety management agreement regulates and coordinates the relevant civil agreements,so that under the supervision,management and law enforcement of the work safety administrative supervision department,the work safety of production and business units can be realized,which is conducive to maintaining the benefits of social public safety,promoting the stable,healthy and coordinated development of the social economy,protecting the legitimate rights and interests of workers and relevant subjects,and achieving ecological and environmental safety.This article will start from the relevant provisions of the work safety laws and regulations on the work safety management agreement,analyze the content and source of the work safety management agreement,and define the work safety management agreement.Through its specific comparison with other civil contracts,commercial contracts,and administrative contracts,the characteristics of the particularity of the subjects of the work safety management agreement,the technicality of the subject matters,the compulsion of the contracts,the high duty of care of the subjects,and the publicity of the purpose of the agreements are obtained.Then analyze its theoretical value and practical value.Based on this,the work safety management agreement is analyzed through four aspects,including the three elements of the legal relation "subject-object-content" and responsibilities.It is found that the work safety management agreement is different from other contracts in terms of characteristics,its purpose of maintaining social public safety benefits and its existing problems.And through the inductive method,the conclusion of the characteristics of economic law of the work safety management agreement can be drawn,and the relationship between it and the Civil Code contract can be further analyzed.Finally,this article analyzes the judicial present situation of the work safety management agreement,summarizes the deficiencies of its systems from the two aspects of legislation and implementation,and puts forward corresponding suggestions for improvement.The work safety management agreements play an important role in maintaining social and public safety benefits.Judging from the Work Safety Law of the People's Republic of China(draft amendment)from 2020 to 2021,although this amendment has increased the penalties for illegal act in work safety,including the statutory responsibilities of the work safety management agreement.But to a certain extent,it does not conform to the principle of equivalent penalty.In addition,the difficult problems in judicial practice have not been specifically solved,and so on.The research and analysis of the work safety management agreement in this article is expected to be beneficial to the improvement of the Work Safety Law and be used in the practice of work safety management agreement.
Keywords/Search Tags:work safety management agreement, legal relation, responsibility, characteristics of economic law
PDF Full Text Request
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