High Labor Protection Legislation

Preserving social justice, safeguarding social harmony and overcoming market defect is the lifeline of modern administrative law. At present, our administrative law is still aimed at protecting and enlarging the freedom autonomy of citizens, otherwise , person's social rights haven't been duly emphasized. Because of this , establishing a legal system, best protecting the social rights of citizens, should be the main primary of administrative law in following periods. As to the protection for laborers, working under high temperature, there is a real need for the nation , from the perspective of safeguarding citizen's social rights, to launch the structure arrangements of the protection for labors. Labor protection in the field of high temperature, the state of civil society the right to protection from the perspective of the realization of high-temperature operation of the system under labor protection arrangements. Starting high-temperature legislation is the objective result of historical transformation of the Administrative Law.The full text is divided into five parts. In the preface the author in from reality as the starting point, to the administrative Law for the restructuring of thinking path thinks that the legislation is the temperature started to rectify the "legislative omission," and to realize the changing needs of administrative Law, and will also work to promote the development of the occupation field of administrative law.The second part relates to high temperature overview of labor protection. Aimed at high-temperature operation of classification, the article focus on the study of high-temperature weather conditions on the labor protection. The article analies the temperature in the high temperature hazards and studies China's labour protection system deficiencies and concluds that the legislation is the only breakthrough to achieve high temperature labor protection institution and mechanism.Part III is divided into high-temperature theory of the basis of labor protection. High-temperature directly involves in the protection of labor workers, employing units, and state (government) the basic rights and legal protection, and other important issues. That the state how to play the "interests measure"'s role is theoretically must be to solve . The article analysis the "tripartite" mechanism and regards that the system of labour rights, the relationship between the government and the workers is to protect the security and the relationship between the Government and the employing units is the supervision and management .Among relations, there are mainly the characteristics of the relationship between the private and public two types of relationships. The article then states from the perspective of the evolution of the right to investigation state (government) the changing role of the public powers and functions of the position in the community and the rights of the inspection. That the State (Government) from the scope of functions is limited, and mainly negative, the country's best option is to hold the community of the negative attitude of non-interference, and to "encourage the country," and help our country to become and to promote the enjoyment of happiness living a positive force, particularly under the new times in the social protection of the right, requires countries to actively intervene and help to realize their interests, only to the individual autonomy has been achieved referred to the interests of society only when necessary requirements States not to intervene. Author creatively put forward prevention heat stroke rights to this specific form. Author think that the public power and the right of workers prevention heat stroke is a public interest in the community on the basis of power and the interaction between the right and power therefore only in the vision of social law can be explained reasonably. Article think that the realization of the right, in addition to relying on their own efforts, and the need for the state actively to the protection of the public. Of course the State in providing such protection, is no longer purely as a manager, but more standing at the Social Affairs on the position of managers, control or regulation, in a bid to achieve "community-based" basic values. The writer believes that the social context of administrative considerations, "service guarantee" of public power in the high-temperature method in the development of labor embodied in the chicken gizzard, excluding party autonomy, the parties directly statutory allocation of rights and obligations, to monitor implementation of the law enforcement system etc.Articles from different angles on the nature of high-temperature law analysis and looks at that temperature characteristics of the existing law and regards it as private connotation, safeguarding the interests of the community-based nature of social law. Finally the author analysies the high-temperature value of enacting the law and practical significance. High-temperature heat labor protection legislation is institutionalized mechanism of the requirements to ensure that the economic and social benefits of increased access to high temperature, respect for national legislation is an important manifestation of the protection of human rights, in response to public opinion, the responsibility of building a democratic government inevitable requirement.Part IV the author from norms to the reality of investigations studies the Chongqing Municipal Council before and after high-temperature law for the analysis model, focuses on specific legislation, an Act in the process of resistance and the difficulties encountered in the legislative process as well as divergent views . Involved in a legislative level, the work injury , temperature of air-range, high temperature defined, high temperature should be made for health care, , high temperature incident management, relief and damage functions, and many other controversial trade unions, and the fifth part of the legislative building material for the reality.Part V, articles from the heat of the legislative intent, legislative principles and specific aspects of the system and the construction of the set, High-temperature law that is the purpose of operating under high temperature to ensure that the realization of the right prevent heat stroke workers, the protection of the right to life and health of workers. Construction of the specific system, the focus of the high-temperature early warning system to prevent, work injury insurance system, mandatory release and does not stop or reduce the wage payment system, the labour monitoring system and supervision and punishment relief system and so on. The eyes of the author expounds high temperature of basic legislative framework.