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Study on Mechanism of Investigation and Processing on Work Safety Accident in China

Author: TianXingHua
Tutor: WangDeZhi
School: Shandong University
Course: Constitutional Law and Administrative Law
Keywords: Production safety accidents Investigate and deal with Mechanism Perfect
CLC: D922.1
Type: Master's thesis
Year: 2011
Downloads: 174
Quote: 1
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Abstract


Immediately into the middle stage of industrialization, China has entered a production safety accident-prone stage, the high total number of accidents, coal mines and other serious accidents occur frequently, production safety accident-prone has become the outstanding problems in economic and social life. Production safety accident, the accident investigation and handling basic aim is to be investigated in order to identify the possible cause of the accident, the person responsible for the accident, as well as proposed countermeasure to prevent the recurrence of similar incidents. Accident investigation and handling is an extremely serious matter, to do this work of great significance for the prevention and reduction of accidents occur. At present, the research of scholars production safety accident investigation system less, more frequent accidents causes and preventive measures from the safety production management system. Concept and classification of production safety accidents clearly defined, and then of production safety accident investigation and handling of legal mechanisms on the basis of the investigation and data query, analysis on the status quo of China's current production safety accident investigation proposed the accident investigation and handling of legal mechanisms exist and put forward suggestions for improvement. The thesis is divided into four parts: the first part of the emergence and development of China's production safety accident investigation and legal mechanisms. Legal mechanisms for the development of China's production safety accident investigation has gone through three stages, the embryonic stage after the founding of New China, founded in the late 1980s to the late 1990s, stage, stage of development of the end of the last century so far. The second part of the concept of production safety accidents and related areas. The part of the first course of development of the concept of production safety accidents, defined the concept of production safety accidents, and an analysis of its characteristics and classification, production safety accidents and related concepts such as work-related injuries and occupational diseases were analyzed and compared. Production safety accident investigation and the legal basis for the analysis, the formation of our country at this stage based on the \The third part of China's current production safety accident investigation and handling of the status quo. The part of the production safety accident investigation procedures were analyzed, divided into the investigation stage and the processing stage. (A) The main task of the investigation stage after the accident, the accident investigation body of the accident investigation, to identify the cause of the accident to identify the nature and responsibilities of the accident, the formation of the conclusions of the accident investigation stage instruments. This article focuses on the legal investigation main characteristics: legitimacy, independence and mandatory, analysis, and accident investigation report, the certificate of the accident and the legal nature of the accident investigation report approved study. (B) The main task of the processing stage is responsible for processing, and put them accident prevention measures. This article focuses on the responsibility for the accident characteristics and constituent elements, the main body of the penalties and procedures, administrative penalties and criminal penalties convergence. Part IV improve our production safety accident investigation and handling of legal mechanisms recommendations. Focused on the problems of China's production safety accident investigation and handling recommendations to improve the accident investigation and handling legal mechanisms.

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