论煤矿工人权益的法律保护
发布时间：2018-12-06 12:14
【摘要】：煤炭行业是我国经济发展的基础性行业之一,在能源领域占据着重要的地位,煤矿企业的发展为我国经济建设提供了雄厚的保障。长期以来,各级管理机构对煤矿企业的监管不够严格,安全生产投入资本偏低、执行国家煤矿安全生产管理法律法规不到位,导致煤矿安全生产事故控制难,矿难频发,煤矿工人伤亡人数呈逐年上升趋势,工人的生命权、健康权没有得到更好的保护。煤矿工人的管理固化、劳动环境恶劣、工资报酬偏低。致使煤矿工人的生活水平偏低,侵害了煤矿工人的劳动权、工伤保险、失业保险、医疗保险参保率低、保障待遇不足,使煤矿工人的社会保障权没有得到更好的保护等等。煤矿工人是煤炭行业的就业主体,他们的安全保障受到威胁,社会地位和经济收入相对较低,在经济飞速发展的今天,逐渐成为社会上的弱势群体,关注煤矿工人的生存生活状况,既是对煤矿工人的关怀,又是国家各项惠民政策落实的有效手段,既维护了煤炭企业工人的合法权益,又保障了煤炭行业的发展前景,促进煤炭行业乃至国民经济的健康稳定发展。本文针对煤炭工人的特殊性,研究了煤矿工人权益的法律保护。采用多种方式,分析研究了煤矿工人的劳动权、民事权、社会保障权和司法救济的基本状况;客观剖析了明确煤矿工人权益法律保护存在的主要问题和内在原因;结合我国依法治国战略的实施,科学、客观地提出了煤矿工人合法权益法律保护的策略性建议。因此,要从严落实国家的安全生产法律法规,从政府管理、司法立法、执法等层面,加强对煤矿企业生产、经营、用工、保障等环节的监督和管理,落实企业安全生产主体责任,强化煤矿企业劳动用工管理,保障煤矿工人的社会保障待遇、加大对煤矿工人权益的行政与司法救济,在促进煤矿企业健康发展,增加经营利润的同时,把煤矿工人的合法权益纳入法律保护的范畴,通过立法将煤矿工人应享有的权益,都能够在煤矿企业的生产经营过程中得到保障,使煤矿工人享有与城乡居民同等的权益和待遇,减少社会对煤矿工人的歧视。
[Abstract]:The coal industry is one of the basic industries in China's economic development, which occupies an important position in the field of energy. The development of coal mining enterprises provides a strong guarantee for the economic construction of our country. For a long time, the supervision of coal mining enterprises at all levels has not been strict enough, the investment capital for safety production is on the low side, and the implementation of the national laws and regulations on coal mine safety production management is not in place, which leads to the difficulty of controlling coal mine safety production accidents and the frequent occurrence of mine accidents. The number of coal mine workers has been increasing year by year, and the right to life and health have not been better protected. The management of coal mine workers solidified, the working environment is bad, the salary reward is on the low side. As a result, the living standard of coal miners is on the low side, which infringes on the coal miners' labor rights, industrial injury insurance, unemployment insurance, medical insurance participation rate, inadequate security treatment, so that the coal miners' social security rights have not been better protected and so on. Coal miners are the main body of employment in the coal industry. Their safety and security are threatened, and their social status and economic income are relatively low. With the rapid economic development today, coal miners have gradually become a vulnerable group in the society. Paying attention to the survival and living conditions of coal miners is not only the concern for coal miners, but also an effective means for the implementation of various national policies benefiting the people. It not only preserves the legitimate rights and interests of workers in coal enterprises, but also guarantees the development prospects of the coal industry. To promote the healthy and stable development of the coal industry and even the national economy. According to the particularity of coal workers, this paper studies the legal protection of coal miners' rights and interests. In this paper, the author analyzes and studies the basic conditions of labor right, civil right, social security right and judicial relief of coal miners in various ways, and objectively analyzes the main problems and internal reasons for the legal protection of the rights and interests of coal miners. Combined with the implementation of the strategy of governing the country according to law, this paper puts forward some strategic suggestions for the legal protection of the legal rights and interests of coal miners. Therefore, it is necessary to strictly implement the national laws and regulations on production safety, strengthen the supervision and management of the production, operation, employment and security of coal mining enterprises from the levels of government management, judicial legislation, law enforcement, etc. In order to promote the healthy development of coal mining enterprises, it is necessary to implement the responsibility of the main body responsible for the safety of production in enterprises, strengthen the management of labor and employment in coal mining enterprises, guarantee the social security treatment of coal miners, increase administrative and judicial relief to the rights and interests of coal miners, and promote the healthy development of coal mines. While increasing operating profits, the legitimate rights and interests of coal miners can be brought into the scope of legal protection, and the rights and interests that coal miners should enjoy through legislation can be protected in the production and operation process of coal mining enterprises. Coal miners enjoy the same rights and benefits as urban and rural residents and reduce social discrimination against coal miners.
【学位授予单位】：吉林财经大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D922.5
本文编号：2366007
[Abstract]:The coal industry is one of the basic industries in China's economic development, which occupies an important position in the field of energy. The development of coal mining enterprises provides a strong guarantee for the economic construction of our country. For a long time, the supervision of coal mining enterprises at all levels has not been strict enough, the investment capital for safety production is on the low side, and the implementation of the national laws and regulations on coal mine safety production management is not in place, which leads to the difficulty of controlling coal mine safety production accidents and the frequent occurrence of mine accidents. The number of coal mine workers has been increasing year by year, and the right to life and health have not been better protected. The management of coal mine workers solidified, the working environment is bad, the salary reward is on the low side. As a result, the living standard of coal miners is on the low side, which infringes on the coal miners' labor rights, industrial injury insurance, unemployment insurance, medical insurance participation rate, inadequate security treatment, so that the coal miners' social security rights have not been better protected and so on. Coal miners are the main body of employment in the coal industry. Their safety and security are threatened, and their social status and economic income are relatively low. With the rapid economic development today, coal miners have gradually become a vulnerable group in the society. Paying attention to the survival and living conditions of coal miners is not only the concern for coal miners, but also an effective means for the implementation of various national policies benefiting the people. It not only preserves the legitimate rights and interests of workers in coal enterprises, but also guarantees the development prospects of the coal industry. To promote the healthy and stable development of the coal industry and even the national economy. According to the particularity of coal workers, this paper studies the legal protection of coal miners' rights and interests. In this paper, the author analyzes and studies the basic conditions of labor right, civil right, social security right and judicial relief of coal miners in various ways, and objectively analyzes the main problems and internal reasons for the legal protection of the rights and interests of coal miners. Combined with the implementation of the strategy of governing the country according to law, this paper puts forward some strategic suggestions for the legal protection of the legal rights and interests of coal miners. Therefore, it is necessary to strictly implement the national laws and regulations on production safety, strengthen the supervision and management of the production, operation, employment and security of coal mining enterprises from the levels of government management, judicial legislation, law enforcement, etc. In order to promote the healthy development of coal mining enterprises, it is necessary to implement the responsibility of the main body responsible for the safety of production in enterprises, strengthen the management of labor and employment in coal mining enterprises, guarantee the social security treatment of coal miners, increase administrative and judicial relief to the rights and interests of coal miners, and promote the healthy development of coal mines. While increasing operating profits, the legitimate rights and interests of coal miners can be brought into the scope of legal protection, and the rights and interests that coal miners should enjoy through legislation can be protected in the production and operation process of coal mining enterprises. Coal miners enjoy the same rights and benefits as urban and rural residents and reduce social discrimination against coal miners.
【学位授予单位】：吉林财经大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D922.5
【参考文献】
相关期刊论文 前1条
1 潘伟尔;我国煤矿安全生产问题研究[J];中国能源;2005年07期
相关硕士学位论文 前1条
1 刘兆霞;煤炭建设工程质量监督研究[D];山东科技大学;2006年
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