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近年来,我国生产事故频繁,重特大事故多发,对人民的生命和财产造成了严重的损害。截至2005年,全国共发生各类安全生产事故727945起,死亡126760人,仅煤矿发生一次死亡30人以上的特别重大事故就有11起,其中有4起一次死亡百人以上。这种严重局面出现并能持久的原因固然很多,但对生产事故的调查与处理是否合法、公正、及时密切相关。我国现有生产事故调查的法律依据,除全国人大常委会制定的《安全生产法》外,其余都是政府及相关部门的暂行规定或办法,且《安全生产法》只对事故调查的基本原则和内容作出规定,行政立法层次不齐、政出多门。因而虽然这些法律规定了事故调查组的组成与任务、调查处理的具体方法,在实践中发挥了重要的规范作用,但也不可
In recent years, frequent and serious accidents in production in our country have caused serious damage to people’s lives and property. As of 2005, a total of 727,945 accidents of various types occurred in the country with a death toll of 127,760. Eleven major accidents occurred in coal mines at the rate of 30 people or more, of which 4 were killed more than 100 at a time. Although there are many reasons for such a serious situation to emerge and be durable, the investigation and handling of production accidents are legitimate, fair and timely. The legal basis for the investigation of the existing production accidents in our country is the interim rules or measures of the government and relevant departments except for the “Safety Production Law” formulated by the NPC Standing Committee, and the “Safety Production Law” is only the basic principle of accident investigation And the content of the provisions of the administrative legislation at different levels, politics out of many doors. Thus although these laws stipulate the composition and tasks of accident investigation teams and the specific methods of investigation and handling, they play an important normative role in practice, but neither