Abstract: Comparative analysis shows that the fundamental purpose of the current Mining Safety Law, due to lacing the provisions of protecting the healthy rights of miners, is not to protect the safety of miners, but to ensure mining production safety and development. The "mining law" in Republic-Period belongs to a mining safety and health law that can be inherited, and the Mining Safety and Health Law of most of the countries can be also accepted as references. It is concluded that the change and implementation of efficiency-centered to people-oriented must rely on the fixation and protection of legal system;and the rise of people's health and security needs is the motivation of system changes. Due to lacking Mining Safety and Health Act that protects the basic miners' rights, a system fault occurs in China.