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职业安全规制的变迁是随着我国经济社会的发展而改进的,但近年来,我国职业安全问题层出不穷。在职业安全规制不断改进的前提下安全事故仍然频频发生,如何进行有效的职业安全规制就显得尤为紧迫。我国的职业安全规制变迁是一种强制性的制度变迁,强制性的制度供给与重大安全事故发生所产生的强烈需求往往是非均衡的,加之制度变迁主体利益的非均衡,所以规制的效果会大打折扣。从法经济学的角度出发,以汉德公式为基础,将职业安全的预防水平与归责程度相联系的解决路径能有效地提高我国职业安全规制的效率。
The change of the occupational safety regulation is improved with the development of our country’s economy and society. However, in recent years, the problem of occupational safety in our country has emerged one after another. Under the precondition of continuous improvement of occupational safety regulation, accidents still occur frequently and how to carry out effective occupational safety regulation is particularly urgent. The change of our country’s occupational safety regulation is a compulsory system change. The compulsory system supply and the strong demand arising from the occurrence of major safety accidents are often unbalanced. Besides, the main interests of the institutional change are unbalanced, so the effect of regulation will be large discount. From the point of view of law and economics, based on the Hande formula, the solution to the relationship between the level of prevention of occupational safety and the degree of blame can effectively improve the efficiency of our occupational safety regulation.