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The Improvement Of Occupational Health Legislation

Posted on:2012-09-08Degree:MasterType:Thesis
Country:ChinaCandidate:Y YangFull Text:PDF
GTID:2206330338491606Subject:Law
Abstract/Summary:PDF Full Text Request
With the rapid development of Chinese economy, and with the appearance of occupational hazard, Chinese occupational disease has some traits like enormous numbers, wide dimension and new styles, which contains a series of problems such as a high morbidity rate, deficiency of supervision system to the occupational disease, weakness of prevention and remedy to the occupational disease in small-scale enterprise, little investment in the field of antidote, inefficiencies of Occupational health resources, chaos of medical and health system, and flaccidity of medical and health administrative execution system. The problems of wide range of occupation disease not only exit in all walks of life, but also involve a wide field in China. The problems of new styles of occupation disease pertain to a series of psychological and physiological problems in the process of occupation and new styles of occupation disease which are caused by noise, electromagnetism, microwave and new material.A important reason to the occupational disease is that our current occupational health has some defects in legislative design. Although we have the Code of Occupational Disease Prevention of PRC as well as regulations and methods which makes certain contribution to occupational disease prevention, but in fact we have no good solutions to the problems, such as difficultly in occupational disease'diagnosis, acceptation and safeguarding rights, legislations with repetitions even contradictions, chaos of supervision system, little protection of the disadvantaged groups'rights, defects in legal responsibilities, no guarantee for supervision expenditure etc.It uses the successful experience of America, EU and Japan for reference, which provide valuable revelations such as the uniform legislation of occupational health, strengthening the penalty against the illegal activities, establishing and perfecting occupational heath administrative organization, defining and strengthening labor's rights and duties, then discussing Chinese present laws and rules concerned, this article poses some suggestions about legislations: modifying and perfecting the Code of Occupational Disease Prevention of PRC, such as expanding the catalogue of occupational disease, simplifying entrance standards of diagnosis, establishing the Principle of Onus Proof Converted in application, strengthening the role of trade union in supervision and protection of the workers'lawful rights and interests, setting up a"government, employing unit and workers (or trade union)"Tripartite Coordination Mechanism, perfecting legal relief, establishing or amending relevant regulations and standards timely.
Keywords/Search Tags:Occupational disease, Occupational health legislation, Suggestions
PDF Full Text Request
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