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We can understand and construct the basic framework of China's legal system for production safety from three aspects: superior law and subordinate law, common law and special law, and comprehensive law and separate law.
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Legal Analysis: Scope of application: Work safety of entities engaged in production and business activities within the territory of China, except as otherwise provided by relevant laws and administrative regulations on fire safety, road traffic safety, railway traffic safety, water traffic safety, and civil aviation safety.
Production and business operation entities engaged in production and business activities must carry out production and business activities in accordance with the provisions of the law.
Legal basis: "Work Safety Law of the People's Republic of China" Article 2 This Law shall apply to the production safety of units engaged in production and business activities within the territory of the People's Republic of China (hereinafter referred to as production and business operation entities); Where relevant laws and administrative regulations have other provisions on fire safety, road traffic safety, railway traffic safety, water traffic safety, civil aviation safety, nuclear and radiation safety, and special equipment safety, those provisions shall apply.
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Answer]: c. Basic framework of the legal system of production safety:
1.According to the different levels and levels of effectiveness of the root clan mountain, Li Ji can be divided into upper and lower methods.
2.According to the different scope of application of the same level of law in megadisturbance, it can be divided into general law and special law.
3.According to the content, scope of application and specific specifications of the law, it can be divided into comprehensive law and individual law.
Therefore, C.
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The types of dangerous crimes in production safety include: shutting down or destroying monitoring, alarming, protection, or life-saving equipment and facilities directly related to production safety, or tampering, concealing, or destroying relevant data and information; Refusing to implement a major accident that is ordered to suspend production and business, stop construction, stop using relevant equipment, facilities, or places, or immediately take corrective measures to eliminate the danger due to the existence of potential major accidents.
Article 134 of the Criminal Law of the People's Republic of China: In any of the following circumstances, a person who violates the provisions on safety management in production or operation, and has a real danger of a major accident or other serious consequences, is to be sentenced to up to one year imprisonment, short-term detention, or controlled release: (1) Closing down or destroying monitoring, alarming, protection, or life-saving equipment or facilities directly related to production safety, or tampering, concealing, or destroying relevant data or information; (2) Refusal to implement a lawfully ordered to suspend production and business, stop construction, stop using relevant equipment, facilities, or venues, or immediately take corrective measures to eliminate the danger due to the existence of a potential risk of a major accident; (3) Engaging in highly dangerous production activities such as mining, metal smelting, construction, and the production, operation, and storage of dangerous goods without approval or permission in accordance with law for matters involving production safety.
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1 Superior and subordinate methods.
Superior law refers to legislation with higher legal status and legal effect than other relevant laws. Compared with the superior law, the lower law refers to legislation with low legal status and legal effect.
For example, in the legal system of production safety, laws, regulations, and rules are compared, and the upper law is the higher law relative to the last, and the lower law is the lower law.
2 Common law and special law.
In the field of work safety, the Work Safety Law is a common law, and the Fire Protection Law and the Road Traffic Safety and Disturbance Law are special laws.
The special law prevails over the common law in the application of law to the same type of issue in the same level of work safety legislation.
3 Comprehensive and individual laws.
The distinction between a comprehensive approach and a single approach is relative. For example, in the legal system of work safety, the "Work Safety Law", the "Mine Safety Law", and the "Coal Mine Safety Supervision Regulations" are compared with the comprehensive law, and the one at the bottom is the single law. Chang Defeat Pei.
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<> Legal Analysis: National Standards and Industry Standards.
Legal basis: Article 10 of the Law of the People's Republic of China on Work Safety: The relevant departments shall, in accordance with the requirements of ensuring safe production, formulate relevant national standards or industry standards in a timely manner in accordance with the law, and revise them in a timely manner according to scientific and technological progress and economic development. Production and business operation units must implement the national standards or industry standards formulated in accordance with the law to ensure safe production.
Standardization Law of the People's Republic of China Article 2 The standards (including standard samples of the belt) mentioned in this law refer to the technical requirements that need to be unified in the fields of agriculture, industry, service industry and social undertakings. Standards include national standards, industry standards, local standards, group standards, and enterprise standards. National standards are divided into mandatory standards and recommended standards, and industry standards and local standards are recommended standards.
Mandatory standards must be enforced. The State encourages the adoption of recommended standards.
China's special laws on production safety include the Law of the People's Republic of China on Production Safety, the Law of the People's Republic of China on the Source of Mineral Resources, the Labor Law of the People's Republic of China, the Labor Contract Law of the People's Republic of China, the Law of the People's Republic of China on the Prevention and Treatment of Occupational Diseases, and the Regulations on Work-related Injury Insurance.
Legal basis: Article 1 of the Work Safety Law of the People's Republic of China is formulated in order to strengthen work safety, prevent and reduce production safety accidents, protect the safety of people's lives and property, and promote sustained and healthy economic and social development.
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Answer]: a, b
The basic frame of the legal system of safety production sells pants and fights pure trembling: 1According to the different levels and levels of effectiveness of the law, it can be divided into the upper law and the lower law.
2.According to the different scope of application of the law at the same level, it can be divided into general law and special law.
3.According to the content, scope of application and specific norms of the law, it can be divided into comprehensive law and separate law.
This Law shall apply to the production safety of units engaged in production and business activities within the territory of the People's Republic of China (hereinafter collectively referred to as production and business operation entities); Where relevant laws and administrative regulations have other provisions on fire safety, road traffic safety, railway traffic safety, water traffic safety, civil aviation safety, nuclear and radiation safety, and special equipment safety, those provisions shall apply. >>>More
Specifically, six aspects are stipulated. (1) The legislative purpose, principles and guidelines of the Work Safety Law; (2) the production and business operation units must establish safety production guarantee measures; (3) the rights and obligations of workers in work safety; (4) Supervision and management responsibilities, division of labor and requirements for safety production; (5) Emergency rescue and investigation and handling of safety accidents in production and operation; (6) Legal liability for violating the Work Safety Law.
The safety production concept of the new safety production law is people-oriented and safe development. >>>More
The principles of the Work Safety Law are: 1. The principle of personal safety first; 2. The principle of prevention first; 3. The principle of consistency of rights and responsibilities; 4. The principle of social supervision and comprehensive management; 5. The principle of heavier punishment in accordance with the law. >>>More
Chapter III. Rights and Obligations of Practitioners.
Article 44. >>>More