关键词: 矿山安全事故, 事故预防, 主体责任, 预防与处理, 惩罚性赔偿, 差异化处罚, 暗查暗访

Abstract:

In order to promote the implementation of the responsibilities of participating entities in the prevention and handling of mine safety accidents, improve the efficiency of safety governance and reduce the risk of mine safety accidents, the assumption of an enterprises' illegal liability was analyzed. The authority and responsibility system of regulatory authorities was sort out. The guarantee mechanisms for the professionalism and objectivity of work safety social service institutions were explored. Drawing on the provisions and practical experience of foreign jurisdictions regarding the primary responsibilities for work safety, and putting forward legal suggestions for improving the prevention and handling of mine safety accidents in China. The findings show that the addition of punitive damages and differentiated penalties for repeated illegal acts are important factors for enterprises to consider the costs and liabilities of illegal acts, which can raise enterprises' awareness of the importance of wore safety and firmly establish their sense of responsibility for work safety. Allocating the responsibilities of regulatory authorities by stages and constructing a regulatory model that attaches equal importance to inspections and unannounced investigations can straighten out the predicament of unclear division of powers and responsibilities of regulatory authorities and improve regulatory efficiency. Refining the access threshold for work safety social service institutions, establishing an information disclosure platform, and clarifying the provisions on accountability and the practice withdrawal system can ensure the professionalism, transparency and objectivity of the services provided by work safety social service institutions.

Key words: mine safety accidents, accident prevention, primary responsibility, prevention and handling, punitive damages, differentiated penalty, covert inspections and unannounced investigation