《安全生产法》修订对民航安保立法的启示

Enlightenment of Work Safety Law Amendment on Chinese Civil Aviation Security Legislation

政府的安全监督管理是企业安全生产工作的主要推动力,也是生产经营活动安全水平的决定因素之一。中国中央政府及其工作部门、地方政府都具有安全生产监管职能。在这一管理模式下,各级政府、各部门需要协调开展工作。根据《安全生产法》《立法法》等的规定,国务院安全生产监督管理部门、负有安全生产监督管理职能的部门和省级地方人民政府各自享有独立的立法权,并根据职权建立了互相关联又相互独立的法规体系。安全生产法规、标准领域的不统一甚至冲突,给依法开展安全生产监管工作带来了一定的困扰。《安全生产法》修订及国务院安全生产监督管理部门近年来颁布的一系列规章为统一有关立法、执法提供了基础,对民用航空安全保卫立法具有重要的参考价值。

The government and guild play an important role in preventing accidents due to lack of work safety and keeping their occurrence at a low level through supervision and control over work safety of production and business units. In China,the central government and its departments as well as the local governments all have the authority to supervise and control work safety. In the central government level,State Administration of Work Safety has the responsibility to supervise work safety in general while other departments of the State Council shall enforce laws and regulations within their authority. Local governments have territorial regulatory responsibility. Thus coordinating the supervision and control over work safety among governments of all levels and each department has become very necessary. According to the Legislation Law and the Work Safety Law,all the governmental agencies mentioned above have independent legislative power within their authority. Thus many independent yet related systems of laws and regulations on work safety have already been established. The disunity and even conflicts of these laws and regulations havecaused some problems on supervision over work safety. The amendment of Work Safety Law has provided a solid foundation for coordinating the legislation and law enforcement,which can be taken as an important reference to the legislation of civil aviation security.