我国小微企业安全与环境法律援助的探讨

On the urgency and great need of safety and environment security education and environmental protection awareness to the small-scaled enterprises in China

设立法律救助制度是社会文明进步的重要表现,是社会法制建设的重要内容。由于小微企业缺乏专业技术人员,特别是缺少懂得安全与环境法律法规的专业人员,不能掌握守法与违法生产经营的界限,加之安全与环境基础薄弱,使得违法生产经营行为经常出现,而"小企业、大事故"的问题,不仅给企业造成重大损失,也对社会造成不良影响。分析了小微企业在安全生产和环境保护方面的法律困境、法律援助需求,探讨了小微企业安全与环境法律援助的内容以及政府在法律援助中的责任。结果表明,小微企业安全与环境法律援助的优先领域应选定煤矿和化工行业,其次是道路交通和非煤矿山以及火灾发生频率较高的工贸行业。

This paper is engaged in exploring and analyzing the legal difficulties and the needs of education of the environmental protection and pollution awareness while providing a detailed discussion of the safety production from the point of view of small-scaled companies and enterprises.As is known,the small-scaled enterprises and companies account for 90% of all the enterprises and companies in number in China.Since it is of the great need of them to follow and observe the laws and legal regulations prepared and proclaimed by the corresponding departments of the country in charge of the law making,especially the laws and regulations of the chemical pollutants emissions involving the environmental protection and ecological safety of people＇s health.However,as a matter of fact,such small-scaled enterprises and companies are not familiar and lacking in the awareness of the harmful and detrimental consequences brought about by the pollutant emission to the environment.They are not clear of the boundary between the own production behaviors and the state and governmental laws and regulations in business production and manipulating activities due to their short of professionally technical personnel in environmental production and specialists in safety production.Thus,in this paper,we have made a proposal to strengthen the education and popularization of safety production knowledge and the corresponding laws and environmental protection regulations in addition to enhancing the construction of environmental and safety production superstructure.In so doing,it can be expected to reduce the lawless emission of harmful pollutants and the number of major disastrous accidents caused by such enterprises and companies so as to relieve themselves of heavy losses as well as of significant impacts of their production behaviors to the country and society.