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近年来国内多起恶性踩踏事故频见报端,严重损害了人民群众的生命财产权益,已然成为目前急需解决的大型人为事故灾害。首先通过国内多起大型踩踏事故为例对事故本身进行防范手段探究,着重强调了事故屡禁不止的问题根源,即政府在事故预防和处理的执法过程中存在行政不作为的违法现象。并通过相关资料分析出只有采取法治手段才能从根本上对踩踏事故进行有效防范,同时论证了应急管理法治化也是矫正行政执法不作为现象的必要途径。最后对踩踏事故法治防范体系构建进行了详细阐述,分别从五个方面提出对策:一是进行专门立法对踩踏事故进行预防;二是相关部门要将执法性质转变为预防性执法;三是推进公共安全法治教育常态化和法治化;四是完善责任监督机制;五是健全救济制度。
In recent years, many domestic stampedes have been frequently reported, seriously damaging the people’s property rights and interests, and it has become a major man-made accident disaster urgently needed to be solved. First of all, through many domestic large-scale stampede accidents as an example, the article explores the means of preventing the accidents themselves, emphasizing the root causes of the recurring accidents. That is, the government has illegal acts of administrative omission during the enforcement of accident prevention and treatment. Through the analysis of the relevant data, it is analyzed that only adopting the rule of law means to effectively prevent the stampede from accident. At the same time, it is demonstrated that the rule of law of emergency management is also a necessary way to rectify the omission of administrative law enforcement. Finally, the paper elaborates the establishment of the legal system of preventing stampede accident from five aspects: First, to make special legislation to prevent stampede; second, relevant departments should change the law enforcement nature into preventive law enforcement; third, to promote public Normalization of law and education in the rule of law and safety; Fourth, improve the responsibility supervision mechanism; Fifth, improve the relief system.