Part I Laws and Regulations
I. Right and wrong issues
1. Coal mine safety supervision belongs to the category of industry management. (×)
Coal mine safety supervision belongs to the category of industry supervision.
2. China's coal mine safety supervision institutions belong to administrative law enforcement agencies. (√)
3. Adhering to "management, equipment and training" is the basic principle of coal mine safety production in China. (√) "Pay equal attention to the three"
4. China adheres to the principle of "who invests, who benefits and who is responsible" in coal mine safety management. (√) "Three Principles of Safety Management"
5. "Running mine according to law, managing mine according to law and keeping public order according to law" is the basic concept of coal mine safety management in China. (√) Three basic routes of safety management
6. "Production must be safe, and safety is for production", which is consistent with the spirit of "safety first". (√)
1983 the State Council pointed out in [1983] No.85 "Notice on Forwarding the Report of the Ministry of Labor and Personnel, the State Economic Commission and the All-China Federation of Trade Unions on Strengthening Work Safety Supervision": "It is the work of economic management, production management departments and enterprise leaders to do a good job in work safety under the guidance of the idea of' safety first, prevention first'. It is clearly stated for the first time that China's safety production policy is "prevention first, safety first".
7. The so-called "prevention first" means to investigate the accident, find out the reasons and formulate preventive measures after the accident. (×)
Putting prevention first means doing a good job of safety beforehand. It is necessary to "prevent micro-duration" and "nip in the bud". It is necessary to rely on technological progress, strengthen scientific management, do a good job in scientific prediction and analysis, and nip accidents in the bud. Safety first and prevention first complement each other and promote each other. "Prevention first" is the basis of realizing "safety first". If you want to be the first, you must first take preventive measures. If preventive work is done well, production safety can be guaranteed.
8. The implementation of coal mine safety supervision system is a basic system to implement the policy of safe production and adhere to the management of safety according to law. (√)
9. Law is the sum total of codes of conduct formulated or recognized by the state, which embodies the will of the parties and is enforced by the state. (×)
The concept of law has broad sense and narrow sense. Law in a broad sense refers to the sum total of codes of conduct formulated or recognized by the state according to the interests and will of the ruling class and guaranteed by the state's coercive force.
10. Law is a tool for the ruling class to realize class rule and perform social public functions. (√)
1 1. The guiding role of law means that law, as a code of conduct, provides people with certain behavior patterns and guides them how to behave. The guiding role of law is the behavior of others. (×)
12. The evaluation function of law means that the law has the function of judging and measuring the legality, illegal nature and degree of other people's behavior, and the object of evaluation is other people's behavior. (√)
13. The predictive function of the law means that the parties can estimate in advance how they will behave each other and the legal consequences of a certain behavior according to the law. The object of prediction is people's mutual behavior. (√)
14. The educational function of law refers to the influence of legal publicity and education on the future behavior of ordinary people, and the object of this function is the behavior of ordinary people. (×)
15. The coercive function of the law is sometimes directly manifested by punishing illegal and criminal acts; Sometimes as a deterrent force, it plays a role in preventing illegal and criminal acts and enhancing the social security of social members. (√)
16. The social function of law is embodied in two aspects: maintaining class rule and executing social affairs. (√)
17. Although the role of law in social life is important, we should also see the limitations of the role of law, and based on this understanding, we should organically combine law with other social adjustment mechanisms. (√)
18. In contemporary political and legal life, laws and policies, as two social norms and two means of social adjustment, both play their unique roles. (√)
19. Illegal behavior, also known as illegality, refers to people's actions that violate the law, are socially harmful and subjectively wrong. (√)
20. Legal liability refers to who should bear some adverse legal consequences due to illegal acts, breach of contract or legal provisions. (√)
2 1. Legal sanctions refer to compulsory punishment measures taken by specific state organs against offenders according to their legal responsibilities. (√)
22. The principle of territorial ownership is applied to coal resources, and the ownership of surface or underground coal resources changes due to the different ownership or use right of the land to which it is attached. (10) State-owned
23. Coal production licenses shall not be issued repeatedly within the same mining scope. (√)
24. Designers and design units of safety facilities of construction projects shall be responsible for the design of safety facilities. (√)
25. The construction unit of a mine construction project must design and construct in accordance with the approved safety facilities, and be responsible for the engineering quality of the safety facilities. (√)
26. Before a mine construction project is completed and put into production or use, the safety facilities must be inspected and accepted in accordance with the provisions of relevant laws and administrative regulations, and the construction unit shall be responsible for the inspection results. (10) Design unit