转型期乡土法律文化对乡镇煤矿安全法制影响力考察

Effect of Local Law Culture on Safety Law of Village and Township Coal Mines In Transitional Period

当前,乡镇煤矿事故频繁发生,成为煤矿安全监察的"老大难"。由于乡镇煤矿在地理位置上位于乡村、小镇一带,矿工大多来自本地农民工,因此,解构转型期乡土法律文化,从另一视角研究乡镇煤矿安全法制,对我国乡镇煤矿立法不无裨益。转型期村民法律心理、法律意识有其特殊性,当前关于乡镇煤矿的法律制度不完备,乡村维权机构与设施不合理。针对以上问题,建议对乡镇煤矿立法时,应遵循法律文化生成机理,并对立法技术进行改进,还须增设乡村维权机构。

Currently,in the village and town coal mines accidents have occurred frequently.The village and town coal mines are located in small rural or town areas and most miners are the local peasants.Therefore,it is very useful to deconstruct the local law culture in the transitional preiod and to study village and town mine safety law from another perspective.In transition,legal psychology and legal consciousness of villagers has its particularity.Furthermore,the current legal system on the village and township coal mines are not perfect,and rural activists institutions and facilities are not established in a proper and reasonable way.To solve the above problems,legal and cultural formation mechanism should be followed,and legislation technology must be improved,and rural activist organizations still ought to be increased.