Study on the Convergence System between Administrative Execution and Criminal Justice of Work Safety
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Abstract
Currently,it's still weaken that china punishes the crime of hazarding work safety. So it can reflect a reality which doesn't have a good connection between administrative law enforcement and criminal justice in a whole production procedure. Basically what causes the above is not only the inferior coordination of administrative legislation and criminal legislation,also the inexplicit decision criteria,the poor transfer procedures and any other relevant subjective causes. And also these objective causes of the poor quality of safety supervision departments and the public security organs' selective law implement can't be liberated away. To a lager extent,the feasible approaches to killing the institutional blocking that is connection between the administrative enforcement of production safety and criminal justice is bettering both the entity and the procedure. Firstly,we must break through the conventional dependent legislation model,simultaneously emphasizing and perfecting the criteria of hazarding production security and any other relevant about it. And then,we need to issue a proposal that is called Work regulations on criminal cases involving production safety transferred by safety supervision departments,and some revenant administrative enforcement proof rules. Finally,we must establish a mechanism that can make investigations of work safety administrative law implement cases get separated from the adjudication to accomplish self-supervision and self-discipline. And simultaneously bettering the information sharing mechanism to consolidate outer supervision and discipline.
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