Study Of Chinese Legal System About Diagnosis And Identification Of Occupational Disease

The legal system of diagnosis and identification of occupational disease is one ofthe basic system that protect the workers from the damage of their body. It plays animportant role in the protection of workers health rights, and labor rights.There are many problems in the practice of current legal system of occupationaldisease diagnosis and identification. Some provisions exist in name only, and someprovisions are lack of follow-up measures that insufficient condition,they all haveeffect on the design of the system.So the legal system of identification and diagnosisdoes not play real role to the occupation disease. There are main Specific problems:thescope of the right of diagnosis and identification is too narrow; diagnosis monopoly;theClass cohesion of diagnosis and identification is not reasonable; the burden that theproof should be provided by the workers is overweight; the confirmation of the laborrelationship is difficult; covering the scope that the directory of occupational disease iscovering is too narrow, it can not follow the development of times.Based on the summary of the existing problems of the current system, the articleanalysis its causes, at the same time,referring to the relevant laws and regulations ofInternational Labor Organization, the United States Britain and Germany, combiningwith Chinese specific national conditions,in our country I will make appraisalsuggestions for diagnosis of occupational disease.In the subject of diagnosis and identification of occupational disease, the authorsuggested expanding the application scope of the subject of the occupational diseasediagnosis and identification to better promote the right of the workers. at the same time,there will be rational planning and layout of the appraisal agencies of occupationdisease diagnosis, Geographical restrictions of the application of occupational diseasediagnosis and identification should be open, strengthening of the diagnosis expertillegal accountability.In the procedures of diagnosis and identification of occupational disease,I putforward some suggestions: put forward to increase the employer burden of proof, thereversal of the burden of proof and so on, in order to reduce the burden of proof, protectthe workers who are disadvantage in the capability of proof and cannot get legitimaterights and interests; increase the feasible operated method for the confirmation of laborrelationship, provide convenience for the confirmation of labor relationship.In order to improve the directory of occupational disease, drawing lessons fromexperience of the International Labor Organization and the British,the author suggeststo establish the open items, it was possible that the new occupational disease isidentified as the legal occupation disease, reduce the adverse effects of the lag of law onthe protection of the rights of the workers who have new diseases.At the same time, thispaper also provides suggestions to improve the maintenance of the rights of thegeneralized occupational patient.