The Legal Adjustment Of China's Occupational Safety And Health

The occupation safety and health rights were refers to which worker's materiality personal rights frees from aggression. The personal rights is an absolute right, that means regardless of any person can't infringe upon according to any reasons. Because of the establishment of labor relationships, the bodies of worker's have been controlled and dominated by employers, so that the safety and healthy of worker's were to be invaded easily. At present, our country, China has only stipulated the content that protection of the worker's professional safety and health in "Labor law", "Safety in production Law", "Occupational disease Prevented and controlled Law" and as well as in some scattered department rules and regulations, to which lacks of the definitions in legal limits and the unification protection system. Because the limit of protection the occupation safety and health right has surpassed the sole family rules and regulations adjustment scope, its complexity caused illegal activity has infringed the occupation safety and health right at the same time already to violate the labor law, also has violated other legal department of the related stipulation, like civil law, the criminal law and so on. Therefore, this article obtains from the legal conformity angle, to reorganized of that related to legal rules and regulations on the occupation safety and health right.The paper divides into four major parts altogether. The first part concerned with legal localization of the occupation safety and health rights. The author regarded the concept of the occupation safety and health rights as which worker's materiality personal rights frees from aggression. The occupation safety and health rights is concern with worker's life and health, it has the characteristic: one is the specific space and time limit, refers to the safe and the healthy questions of the work process particularly, another one is specific artificial object, as the life and health as the specific content. The second part of concerned with legal protection present situation of the occupation safety and health rights in and outside of our country. The third part elaborated the main question from the labor law—administrative law—civil law—criminal law according to the logical level which rules and regulations in the protection of the occupation safety and health rights adjustment exists, that aspect the legal regulations existence to be scattered, to be short of the system characteristic and the implementation lacks of aspect in law execution. Therefore, the author suggested that it has the reality urgency and the necessity to the adjustment of the legal protection of the occupation safety and health rights to our country. The fourth part is to propose the suggestion of the legal protection of the occupation safety and health rights to our country. One is to promulgate " The occupation safety and health law" at the opportune moment, two is to expand the protection scope of the occupation safety and health rights.The occupation safe health rights is a kind of basic labor power, to protect the occupation safe health rights is also the respect which is worth to the life. Owing to the justifiable demand of protection to the human rights and labor rights, the law positions the occupation safe and health to the labor standard in Labor law. For the better protection of the occupation safe health rights, first we should adjust the scattered legal protection of the occupation safety and health rights to our country, and put forward to promulgate " Occupation safety and health law" at the appropriate moment. Legal adjustment is refers to that the function adjustment of kinds of legal department, to develop the whole law system to protect the occupation safe health rights of worker's. Protecting the occupation safe health rights is not only the function of labor law, but also need the moderating of each kind of legal department. Secondly our country is one of member's country of international Labor Organization, we have the obligation to observe the international labor standard about the occupation safety and health rights. From the elaboration to the legal system of the occupation safety and health rights, we may discover that involves the legal laws and regulations of the occupation safety and health rights although for number multitudinous, but mutually between lacks the coordination, was easy to cause the law enforcement conflict, the author also is precisely from has gradually formed to this question ponder in the occupation safety and health of our country in conformity viewpoint. The contents of which involves the occupation safety and health right to be adjust and standard united in " Occupation safety and health law ", to avoid the confliction of law enforcement, so that it can be protect the workers, stabled the labor relationship, created healthy environment for development of the market economy and established the harmonious society.