安全执法体系的制度缺失与应对

Deficiency and Solution to a System of Law Enforcement on Safety

从比较法学的角度,探讨我国安全执法体系的现状和发展方向,指出矿难发生重要的原因在于政府管理制度的缺失、监管失灵或监管不够以及国家赔偿制度的弱化。分析了政府的矿难管辖权和处置权存在的缺陷,对建立行之有效的长效机制,使矿难得到真正意义上的有效遏制,从法律层面提出了建议。

From the angle of the comparative jurisprudence, this paper explores the present situation and the development orientation of the security enforcement system of our country, and notes that the importance reasons of the mine accident occurred are the deficiency of the government management system, the inadequate supervision or the monitoring failures and the weakening of national compensation system. Currently, the jurisdiction and the right of the government to dispose of the mine accident have some deficiencies. A lot of useful theoretical issues have been made in the system level, but in fact, the mine accident has not been effectively held back in a real sense, and a long-standing effective mechanism has not been set up. This paper does some simple theoretical attempt from the other perspective.