Research On The Right Protection Of Occupational Disease Patients

Since humans began to production activities, laborer is through contact with aproduction environment of poisonous and harmful factors and sick. The generation ofoccupational disease is close contact with the rapid development of social and economic.Since the reform and opening up, along with China’s rapid economic development andthe industrialization, the urbanization and economic globalization’s advance, theoccupational-disease-inductive situation is very severe. The occupational hazard ofindustry wide, suffer the crowd expand; the economic loss caused by occupationaldisease serious; new occupational disease increasingly; occupational disease effectlaborer health, cause laborer premature to lose labor ability. In the process ofoccupational disease patients fight for their rights, they face a series of problems such asit is hard to diagnosis the occupational disease, to identify the occupational disease, tosupervision, to gain compensation and so on. In this context, to study how to maintainthe legal rights of the occupational disease patients better, have important academicvalue and social significance.Protect the occupational disease patients’ rights, have its legal philosophy and basichuman rights foundation. On the one hand, people are the goal rather than tools; On theother hand, the right of life and health is the most basic right of human rights. In china,protect the occupational disease patients’ rights exists the following dilemma: first, thecatalogue of occupational disease is too rigid, cannot contain the new "occupationaldisease" into them, and incompatible with the trend of international development;second, occupational disease prevention existing major flaw, laborers are lack ofknowledge of occupational disease, employers sign labor contract with laborers not toldthe occupational hazards; third, in the process of diagnose the occupational disease, it ishard to collect information, and waiting for a long time; fourth, in the process of ask forcompensation the procedure is tedious, the compensation is too law, and regularcompensation is less,"involuntary" one-time pay compensation is abused.To solve the above problems, further strengthen occupational disease patients’rights, new “the occupational disease prevention law” implemented in December31,2011. This modification expanded the scope of occupational disease, emphasize the keyin occupational disease is prevention, provisions of the occupation disease diagnosis and identification of dispute settlement mechanism, strengthen the employing units andthe relevant departments’ the legal responsibility, and provides in special circumstancesoccupational disease patients rights relief way.“the occupational disease preventionlaw” and a complete set of rules and regulations should be introduced as soon aspossible. To improve the occupational disease treatment system, we should clear thetime of diagnosis of occupational disease and relaxing time application conditions toimprove the diagnosis of occupational disease and identifying program, we also shouldfrom regular pay industrial injury and strengthen the security system design.