罗本斯合作型监管模式及对我国安全生产立法改革的启示

摘要

Robens Report published in 1972 in UK and the Health and Safety at Work Act 1974 have established a collaborative regulatory system , which has been widely referred as "Robens Model".In this paper , Its characteris-tics were summarized as one core idea and six supporting mechanisms .The core idea is to increase the constructive nature of law by stimulating the sense and capacity of self-regulation for enterprises .To take this idea into practice , the model reduces specification standards , enacts general duty of care , uses more non-mandatory code of practice , values health and safety management systems , establishes tripartite mechanisms , and increases constructive regula-tory measures .The model merits study and reference , with the background of strengthening state governance system raised in the third plenary of 18th CCP central committee and amending Law of the People's Republic of China on Work Safety .%英国1972年罗本斯报告（ Roberns Report ）和1974年《工作健康安全法》（ Health and Safety at Work Act）开创了被后人称之为“罗本斯模式”（Robens Model）的合作型监管体系。将其特点总结概况为一个核心理念和六项支持措施。在十八届三中全会提出加强国家治理体系建设和《安全生产法》亟待修订的背景下，罗本斯模式的经验值得我国安全生产监管领域认真学习借鉴。