The Research Of Working Environment Right’s Legal Protection

Working environment right originated in the traditional occupational safety and health right.But its concept and construction of the system has exceeded the occupational safety and health right. Workplace has become a basic unit of society and working is a major manifestation of man’s social nature since industrialization. Integrated workers,workplaces,work process and environmental safety together are the basic ecology of modern social work. The information technology, biotechnology and nuclear technology have appeared one after another,accelerating the further development of production.However, the application of new technologies also brings new threats to the workers’safety and health,which shouldn’t be neglected. Furthermore, due to new technologies, the impact of occupational disaster exceeds the workplace boundary gradually and become a public risk.The concept of working environment right adapts to the development of modern labor relations.This article aims to reveal the concept,features,contents,nature, rationale and how to achieve legal protection of the working environment right.Meanwhile,In order to made a number of programs to improvement the legal protection of working environmental right of our country,this paper combine several foreign countries’working environment legislation and practice on working environment right with the current situation and problems of our country’s occupational safety and health legislation.This article is mainly divided into five parts.The first part analyzes the contents, the nature and the content of working environment right.The concept of working environment right is the supplement of occupational safety and health right. Working environment right means not only the rights of a good working environment included safety and health of workers,but also emphasis how to achieve a good working environment.Compared with the traditional occupational safety and health right,working environment right has its own characters,such as the diversification of the protected object,the composite of the content nature and the procedural of the nature.The second part mainly describes the theoretical and the legal basis of working environment rights.Mainly discusses from three aspects,like the theoretical of human right, the accordance with the constitution and the labor law act.The concept of working environment right is the supplements and sublimation of occupational safety and health right.Occupational safety and health right originated in labor right and the right to work is one of the basic human right of content. So it is a fundamental right of our citizens established by the constitution.The third part focuses on the comparative study of the legislation of working environment right with several countries. Such as America,England,Denmark and Japan.Compared with their legal protection concept and safeguard of working environment right in respect.The concept of occupational health legislation on the specific content of these countries is similar.They are all based on the safety and health of workers.Ensure the safety and health of workers will not affected by all the risks associated with workplaces.In specific protection measures,these countries all have a unified working environment legislation.And it also developed a health and safety special rectification program.However,These countries’specific measures in legal protection of working environment right have their own characteristics,like settings agencies.The forth part summary and conclusion the legislation and practice of working environment right of our country. And analysis the problems of existing legal norms from achievements and shortcomings aspects.Our country attaches great importance to the legislative of occupational safety and health of workers,but there is still some flaw.The reasons are that,legislative concept’s dislocation of working environment right,legislative mode’s dispersion,the lack of a unified and effective legal texts and the legal relief mechanisms of working environment right are inadequate.The fifth part put forward some feasible suggestions to the construction of working environment right. We should establish a new legal protection concept of working environment right,improve the protection legislation and enhance the legal remedy mechanism of working environment right,and so on.