On Perfect Chinese Legal System About Diagnosis And Identification Of Occupational Disease

The legal system about diagnosis and identification of occupational disease is very important of workers labor rights protection.The law about occupational disease is also play an important role. to promote socialist harmonious society construction. Therefore, to perfect the legal system about diagnosis and identification of occupational disease is very necessary.At present, the legal systemidentification about of diagnosed occupational diseases in practice did not play its due role.Many provisions exist in name only.And in the lack of corresponding regulations of some important issues also largely affected the effects of the existing system. There are main problems of existing system such as many of the identification organizations have monopoly rights about diagnosis of occupational disease, the burden of proof required of the workers is too heavy when they applicate on diseases diagnosis, the scope of the list is too small, diagnosis and identification of the diagnose is lack of effective supervision.This paper analyzed and summarized the above problems and also refer to the relevant provisions of Italy and Taiwan Province of China.To combine with China's specific national conditions, we in order to make better of the occupational disease diagnosis and identification legal system.In the part of analysis of the problems of the existing system I draws on many existing academic research, I start from how to make better of the diagnosis and identification of occupational disease organization setting, try to combine the reality and China's existing regulations, and then to re-identification the diagnosis and identification of occupational disease legal system.Improvement in the diagnosis of identification procedures, the author proposes a re-allocation of the burden of proof, so the employer to bear more of the burden of proof in order to reduce the burden on workers, the burden of proof lead to promote the protection of the rights of workers.In the setting of diagnosis and identification of occupational disease, to improve the institutional function and rengthening the relevant institutions and their diagnostic assessment report of the management and supervision.