我国煤矿安全行政执法若干问题研究
发布时间：2018-11-14 16:35
【摘要】：在美国，强制执行法律、新技术推广运用和煤矿安全培训是有效治理煤矿安全事故的“金三角”，尽管我国国情不同于美国，但这至少表明——煤矿安全行政执法是煤矿安全生产的重要保障。不仅如此，而且对我国这样一个缺少法治传统的国家而言，在很大程度上，煤矿安全行政执法的实施力度及其执法目标得以实现的程度，更是直接决定着煤矿安全生产的形势。故此，研究煤矿安全行政执法，在行政法上具有重大的理论意义和实践指导意义。由于目前对于煤矿安全行政执法的行政法学研究较为薄弱，同时限于篇幅和水平有限，所以，本文仅就煤矿安全行政执法的一些主要行政法问题进行探讨，而非面面俱到、毫无遗漏。具体来说，就是从煤矿安全行政执法主体制度和主要的煤矿安全行政执法行为出发，同时借鉴美国等煤炭生产大国的安全行政执法经验，立足于我国国情进行深入地检讨，并就其如何完善提出了一己之见。 本文共分为四部分： 第一节简要探讨了煤矿安全行政执法的基础理论问题。即对煤矿安全行政执法的涵义、特征，原则和方式，以及意义和作用进行简要的讨论。 第二节对我国目前的煤矿安全行政执法主体制度进行了深入检讨。在介绍现行煤矿安全行政执法主体制度的概况的基础之上，首先就我国煤矿安全行政执法采用“监察”之称谓提出了自己的质疑，，然后深刻地揭示了我国煤矿安全行政执法主体制度目前存在的主要问题及其内在矛盾，并结合国外的相关经验对这些问题和矛盾进行了深入检讨。 第三节对目前主要的煤矿安全行政执法行为进行了深入检讨。即分别对煤矿安全行政检查、煤矿安全行政许可和煤矿安全行政处罚进行了深入地分析，揭示了当前这些煤矿安全行政执法行为各自存在的主要问题，并结合国外的相关经验对这些问题进行了深入检讨。 第四节对如何完善我国煤矿安全行政执法主体制度，以及如何完善我国煤矿安全行政检查、煤矿安全行政许可和煤矿安全行政处罚进行了若干思考，并提出了一些改进建议。
[Abstract]:In the United States, enforcing laws, promoting the use of new technologies and training in coal mine safety are the "Golden Triangle" for effective management of coal mine safety accidents, although our national conditions are different from those in the United States. But this at least shows that coal mine safety administrative law enforcement is an important guarantee of coal production safety. Not only that, but also for our country, which lacks the tradition of rule of law, to a large extent, the degree of the implementation of coal mine safety administrative law enforcement and the realization of the law enforcement goal directly determine the situation of coal mine safety production. Therefore, it is of great theoretical and practical significance to study the administrative law enforcement of coal mine safety. Because the current administrative law research on coal mine safety administrative law enforcement is relatively weak and limited in space and level, this paper only discusses some major administrative law issues of coal mine safety administrative law enforcement, not all aspects. There is nothing left out. Specifically, from the coal mine safety administrative law enforcement main body system and the main coal mine safety administrative law enforcement behavior, at the same time drawing lessons from the safety administrative law enforcement experience of the United States and other big coal producing countries, and based on the national conditions of our country to conduct in-depth review. And put forward one's own opinion on how to perfect it. This paper is divided into four parts: the first section briefly discusses the basic theory of coal mine safety administrative law enforcement. This paper briefly discusses the meaning, characteristics, principles and methods, significance and function of administrative law enforcement of coal mine safety. The second section has carried on the thorough review to our country present coal mine safety administration law enforcement main body system. On the basis of introducing the general situation of the main body system of coal mine safety administrative law enforcement, this paper first puts forward its own query on the term "supervision" used in China's coal mine safety administrative law enforcement. Then it deeply reveals the main problems and internal contradictions existing in the main body system of coal mine safety administrative law enforcement in our country, and makes a thorough review on these problems and contradictions in combination with the relevant experience of foreign countries. The third section has carried on the thorough review to the present main coal mine safety administrative law enforcement behavior. That is to say, the safety administrative inspection of coal mine, the administrative license of coal mine safety and the administrative punishment of coal mine safety are analyzed in depth, which reveals the main problems existing in the current administrative law enforcement behavior of coal mine safety. And combined with the relevant experience of foreign countries to conduct a thorough review of these issues. The fourth section gives some thoughts on how to perfect the main body system of coal mine safety administrative law enforcement, and how to perfect our country's coal mine safety administrative inspection, coal mine safety administrative license and coal mine safety administrative punishment, and puts forward some suggestions for improvement.
【学位授予单位】：中国政法大学
【学位级别】：硕士
【学位授予年份】：2006
【分类号】：D922.54
本文编号：2331716
[Abstract]:In the United States, enforcing laws, promoting the use of new technologies and training in coal mine safety are the "Golden Triangle" for effective management of coal mine safety accidents, although our national conditions are different from those in the United States. But this at least shows that coal mine safety administrative law enforcement is an important guarantee of coal production safety. Not only that, but also for our country, which lacks the tradition of rule of law, to a large extent, the degree of the implementation of coal mine safety administrative law enforcement and the realization of the law enforcement goal directly determine the situation of coal mine safety production. Therefore, it is of great theoretical and practical significance to study the administrative law enforcement of coal mine safety. Because the current administrative law research on coal mine safety administrative law enforcement is relatively weak and limited in space and level, this paper only discusses some major administrative law issues of coal mine safety administrative law enforcement, not all aspects. There is nothing left out. Specifically, from the coal mine safety administrative law enforcement main body system and the main coal mine safety administrative law enforcement behavior, at the same time drawing lessons from the safety administrative law enforcement experience of the United States and other big coal producing countries, and based on the national conditions of our country to conduct in-depth review. And put forward one's own opinion on how to perfect it. This paper is divided into four parts: the first section briefly discusses the basic theory of coal mine safety administrative law enforcement. This paper briefly discusses the meaning, characteristics, principles and methods, significance and function of administrative law enforcement of coal mine safety. The second section has carried on the thorough review to our country present coal mine safety administration law enforcement main body system. On the basis of introducing the general situation of the main body system of coal mine safety administrative law enforcement, this paper first puts forward its own query on the term "supervision" used in China's coal mine safety administrative law enforcement. Then it deeply reveals the main problems and internal contradictions existing in the main body system of coal mine safety administrative law enforcement in our country, and makes a thorough review on these problems and contradictions in combination with the relevant experience of foreign countries. The third section has carried on the thorough review to the present main coal mine safety administrative law enforcement behavior. That is to say, the safety administrative inspection of coal mine, the administrative license of coal mine safety and the administrative punishment of coal mine safety are analyzed in depth, which reveals the main problems existing in the current administrative law enforcement behavior of coal mine safety. And combined with the relevant experience of foreign countries to conduct a thorough review of these issues. The fourth section gives some thoughts on how to perfect the main body system of coal mine safety administrative law enforcement, and how to perfect our country's coal mine safety administrative inspection, coal mine safety administrative license and coal mine safety administrative punishment, and puts forward some suggestions for improvement.
【学位授予单位】：中国政法大学
【学位级别】：硕士
【学位授予年份】：2006
【分类号】：D922.54
【引证文献】
相关期刊论文 前1条
1 贾艳红;;行政监管为什么失灵——以9·8襄汾溃坝事件为例[J];法制与社会;2009年15期
相关硕士学位论文 前2条
1 肖国曲;贵州煤矿安全生产法律问题研究[D];贵州民族学院;2010年
2 张柏林;我国煤矿安全行政监管问题研究[D];中国政法大学;2007年
本文编号：2331716
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