地方安全生产立法质量评估模型构建与实践

Construction and practice of quality assessment model of local work safety legislation

科学合理的地方安全生产立法质量评估机制,对保障法规修正规范性和实施有效性具有重要意义。明确地方安全生产法规立法质量评估的目的,提出基本评估原则,制定了基于文本质量、应用效益及本地特征的立法质量评估指标体系,构建了引入权重调节要素的加权计算模型,梳理评估了具体实施流程。通过对某省《安全生产条例》评估实证,表明该模型能够科学客观地评估地方安全生产立法质量水平,为地方安全生产相关法规制定、实施、修订、废止提供合法合理性的建议。

Based on the basic method of legal evaluation,a quality assessment model of local work safety legislation is constructed on text quality,application benefit,and local features,and used to assess the work safety legislation in a province.This paper puts forward the evaluation purpose of the quality evaluation of local work safety legislation,determines the basic evaluation principles in three aspects,and combed the basic workflow of the implementation of legislative quality assessment.A weighted model has been used in the model combining index score and coefficient conversion to calculate the score of legislative quality.This study considers the quality and applicability of local legislation and accounts for the regional differences in work safety level and the important role of legislation in accident prevention.Therefore,it is refined to form a three-indicator subsystem and a score calculation formula,improving the score weight of application benefit indicators and local feature indicators.Besides,“veto factors”are introduced to ensure that the evaluated legislation has the basic premise of legality and effectiveness.The model is used to assess the results and suggestions of the work safety legislation in a province,which has a good guiding role for the subsequent revision of laws and regulations and the formulation of work safety policies in the province.The empirical application results show that the quality assessment model of local work safety legislation can be used to evaluate the legislative quality of local legislation and regulations related to work safety at the provincial and municipal levels.Moreover,it can scientifically and objectively analyze the legislative level of work safety in local government,and provide effective suggestions for the establishment,reform,abolition,and interpretation of laws and regulations.