The Emergence and Development of Safety Production Law in China
China's safety production legislation started late, and only after the founding of the People's Republic of China did it gradually get on the right track. In the 50 years since the founding of New China, China's safety production legislation has developed rapidly and made great achievements. Throughout the development process of more than 50 years, the legislation of safety production is closely related to the political and economic development of the country, which has gone through a tortuous process and can be roughly divided into the following stages.
1, initial stage of construction (1949 ~ 1957)
In the early days of the founding of the People's Republic of China, in order to change the situation that workers' lives and health were not guaranteed in old China, the "Same Program" adopted by the China People's Political Consultative Conference clearly stipulated that "the special interests of young workers and women workers should be protected" and "the industrial and mining inspection system should be implemented to improve the safety and health equipment of industrial and mining enterprises". The first Constitution 1954 also has clear provisions on improving working conditions and establishing a system of working hours and vacations. According to incomplete statistics, only in the period of national economic recovery, there are 1 19 kinds of safety production regulations formulated and promulgated by the central industrial departments and local people's governments. 1956 In May, the State Council officially promulgated the Regulations on Safety and Hygiene in Factories, the Technical Regulations on Safety in Construction and Installation Projects and the Regulations on Reporting Casualty Accidents of Employees, which were later called the "Three Major Regulations". Relevant laws and regulations promulgated in the early days of the People's Republic of China have played an important role in China's safe production and safeguarding the safety and health of workers.
2. Adjustment period (1958 ~ 1965)
1958 In the second half of the year, during the Great Leap Forward period, due to mistakes in decision-making, ignoring scientific laws, taking reckless risks, focusing only on production and neglecting safety, the safety facilities were greatly reduced, which led to the first casualty peak since the founding of the People's Republic of China. 196 1 implement the "adjustment" policy, and the safety production legislation is on the right track. During this period, China successively promulgated a series of laws, regulations and standards on safety in production, such as Hygienic Standard for the Design of Industrial Enterprises, Several Provisions on Strengthening the Work Safety of Enterprises, and Standards for the Distribution of Personal Protective Equipment for Employees of State-owned Enterprises, which further strengthened the legislation on safety in production. The inspection of safety in production has developed from general inspection to professional and seasonal inspection, which has promoted the regularization and institutionalization of safety in production, and made significant progress in legislative work such as mechanical protection, dust prevention and gas protection, boiler safety, heatstroke prevention and cooling, and protection of female workers.
3. Period (1966 ~ 1976)
After three years of adjustment, the situation that had just improved was destroyed by the beginning of ten years of turmoil. During this period, the work of safety in production was criticized as the philosophy of survival, the legislation of safety in production was stagnant, the order of industrial production was chaotic, the labor discipline was lax, the work of safety in production was retrogressed, and the casualty accidents rose sharply, forming the second accident peak since the founding of the People's Republic of China, which was the stage when the legislation of safety in production was destroyed and retrogressed.
4. Resume the development period
(1978 ~1990)1978 The Third Plenary Session of the Eleventh Central Committee of China Producers Party held in February established the policy of reform and opening up. With the ideological rectification and the gradual recovery of production order, the legislation of safety production has begun a new historical development period. The CPC Central Committee and the State Council attached great importance to safety in production, and successively issued Document No.76 of the Central Committee and Document No.0/00 of the State Council [79], namely "Notice of the Central Committee on Seriously Doing a Good Job in Labor Protection" and "Report of the State General Administration of Labor and the Ministry of Health on Strengthening Dust Prevention and Virus Prevention in Factories and Mines", requiring all regions, departments and factories and mines to strengthen their labor. 1in April, 979, the State Council reiterated that it was necessary to conscientiously implement the Regulations on Safety and Hygiene in Factories, the Technical Regulations for Construction and Installation Engineering, the Regulations on the Report of Casualty of Employees and the Several Provisions of the State Council on Strengthening the Work Safety of Enterprises. The Criminal Law of People's Republic of China (PRC) was promulgated at the second session of the Fifth National People's Congress on 1979, and the Criminal Law (new criminal law) revised at the fifth session of the Eighth National People's Congress on March 4 1997 made more specific provisions on production safety crimes. 1982 In February, the State Council promulgated the Regulations on Mine Safety, Regulations on Mine Safety Supervision, Regulations on Boiler and Pressure Vessel Safety Supervision, and other administrative regulations, demanding to strengthen the safety production of mines, boilers and pressure vessels. 1In July, 1984, the State Council issued the Decision on Strengthening Dust Prevention and Virus Protection, which further emphasized the stipulation of "three simultaneities" in productive construction projects. The expenditure channels for enterprises and institutions to control dust and toxic hazards and improve working conditions, prohibiting enterprises and institutions or competent departments from passing on dust and toxic hazards, and strengthening supervision, inspection and leadership over dust prevention and anti-virus work have all been clearly defined. 1987 1 month, the Ministry of Health, the Ministry of Labor and Personnel, the Ministry of Finance and the All-China Federation of Trade Unions jointly issued the Provisions on the Scope of Occupational Diseases and the Treatment Methods for Occupational Disease Patients, which standardized the management of occupational diseases and listed 99 occupational diseases as statutory occupational diseases. During this period, local legislation also developed greatly. The people's congresses or people's governments of 28 provinces, autonomous regions and municipalities directly under the Central Government have promulgated local labor protection laws or regulations.
5, gradual improvement period
(199 1 year later) entered the eighth five-year plan period. With the deepening of reform and the establishment and improvement of the socialist market economic system, the legal system construction of production safety in China has also accelerated. 1991March, the State Council issued the Regulations on Reporting and Handling Casualty Accidents of Enterprise Employees (Order No.75), which strictly standardized the reporting, investigation and handling procedures of various accidents. 1On July 5, 1994, the Eighth Executive Meeting of the Eighth National People's Congress passed the Labor Law, and its promulgation and implementation marked a new development period for the legal construction of labor protection in China. The labor law aims to protect the legitimate rights and interests of workers, which not only stipulates the rights enjoyed by workers, but also stipulates the obligations of employers and corresponding measures to protect workers, providing a strong legal guarantee for protecting the legitimate rights and interests of workers. In strengthening the management of accident-prone industries, the state has also enacted laws and regulations such as the Mine Safety Law, the Coal Law, the Township Enterprises Law and the Fire Prevention Law. The promulgation and implementation of these laws and regulations have played an important role in promoting safety production in China. In order to implement the laws and regulations on safety in production, according to the provisions of the Standardization Law of People's Republic of China (PRC), the national administrative department approved and issued a number of safety and health standards for production and labor.
These specific quantitative standards put forward from the aspects of technical conditions or management business are technical specifications for dealing with professional and technical problems related to safety production.
After entering the 2 1 century, China's laws on safety in production have greatly improved in system content and legislative quality compared with the past, and labor protection and safety in production have been stipulated in the later adopted constitution and labor law. On June 29th, 2002, the National People's Congress passed the Law on Work Safety. The adoption and implementation of this Basic Law on Work Safety marks that the legislation on work safety in China has entered a new development period. Compared with the previous regulations, its scope of application has been expanded and extended. For example, the adjustment object is defined as the production and business operation unit, which is no longer limited to the enterprise unit.