我国安全生产规制体制及其运行模式

Regulation System of Work Safety in China and Its Operating Mode

为健全我国安全生产法律制度体系,提高安全监管效率,采用规制理论,提出安全生产规制范畴并分析其构成要素。结合当前实际情况,将我国安全生产规制按规制主体的不同可划分为3种类型即立法规制、行政规制和司法规制,并按内容的不同总结归纳为6个方面的规制,即作业场所安全条件及安全健康标准规制、安全投入及工伤保险规制、安全生产管理及责任规制、安全生产市场准入规制、安全生产监管规制、事故责任追究规制。在此基础上,绘制出我国现行安全生产规制体制的运行模式图,认为安全生产监管规制和事故责任追究规制是保障其他各种规制得到有效落实和确保规制目标得以实现的关键。

In order to perfect the legal system of work safety and to improve the efficiency of safety supervision,the category of work safety regulation is put forward by use of regulation theory and its composition elements were analyzed.With current laws and regulations of work safety in China,work safety regulations can be divided into three different types according to regulatory body,which include legislation,administrative regulations and judicial rules.According to different content,China＇s work safety regulation may be grouped into six areas of regulation,namely,regulations on safety conditions at workplace,safety and health standards,regulations on safety inputs and industrial injury insurance,regulations on safety management and responsibilities,regulations on market safety access,regulations on supervision of work safety,regulations on accident accountability.On this basis,a figure for the operating mode of the current system of work safety regulations is draw.It is found out that regulations on supervision of work safety and accident accountability are the institutional arrangements to promote effective implementation of other types of regulation,and also are the key to ensure that regulatory objectives can be achieved.