Comparative Study On The Legal System Of Enterprise's Liability For Occupational Disease Prevention

With industrialization,occupational disease have become a major culprit to the physical and mental health of workers,the problem of occupational disease prevention and treatment becomes more serious around the world. Workers trade their value for engagement, so enterprises, which have a dominant position to workers, should assume main liability for prevention and treatment of occupational disease. Study of the legal system of corporate occupational disease prevention is important to the protection of workers'health in the labor process, the safeguard of workers'interests and the development of society and economy.Chapter one defines the legal concept of occupational disease, describes the process of world industrial civilization and the development of worker protection. Chapter one introduces briefly several states'legislation of corporate liability for occupational disease prevention.Chapter two focus on the legal basis of enterprise's liability for occupational disease prevention. As a basic right, workers'right to health should be protected. Occupational health is an important part of workers'health, protection of workers'occupational health is the proper meaning of the protection of workers'right to health. Occupational disease is related to workers'occupational activities, enterprise which is dominant in worker's professional activities should assume the liability for the prevention of occupational disease and for the safeguard of worker's health.Chapter three makes a comprehensive Analysis of United States, United Kingdom, Japan and ILO cooperation mechanism of occupational disease, occupational health and safety management system and punishment mechanism for the violation of legal provision. Since the rise of labor movement, states has begun occupational health and safety legislation. As one important component, occupational disease prevention is also emphasized. Since the establishment of ILO, it has committed to the protection of worker's living standard and health and advocated to improve working condition through labor legislation so that it can achieve lasting peace and social justice. We should make reference to the legislation of states around world and ILO.Chapter four discusses the trends and legislation of enterprise's occupational disease prevention in China. Chinese government has committed to the prevention of occupational disease, has formed a relatively sound legal system concluding law, regulations and occupational health standards and has established the policy of prevention. As china's rapid economic and social development and due to the impact of international financial crisis to china's labor market, Current situation of occupational disease prevention is still severe in China and we should be aware of fact that workers are protecting themselves in an extreme way. Therefore, China should improve its legal environment on occupational disease prevention as soon as possible by enacting a comprehensive legislation which could cover occupational safety and occupational health as well and emphasizing the transformation and absorption of international treaties. At the same time, china should increase corporate liability for occupational disease prevention appropriately, by changing the burden of proof from workers to enterprises, clearly stating the final liability of the enterprises and strengthening the punishment. China should improve the occupational health and safety monitoring system, establishing the employee-employer cooperation mechanism, making workers playing a more active role in the monitoring of enterprise's occupational disease prevention to improve working condition, safeguard the health and welfare of workers and make our legal system of occupational disease prevention even better.