Study On The Safeguard Mechanism Of Domesticlaw Of International Labor Standards On Occupational Safety And Health

According to the Pacta Sunt Servanda Principle and the "recognition of state theory",all countries must abide the international treaties they have signed and ratified.In addition,China's occupational safety and health protection work is in urgent need,and the international labor standard for occupational safety and health itself is scientific,reasonable,practical and effective.Referring to the legislation and supervision practice of developed countries on occupational safety and health,strict implementation of the international labor standard for occupational safety and health that China has signed and approved by the National People's Congress is an effective way to solve the problems and challenges that China is facing.Based on a detailed comparison of the defects and deficiencies of China's occupational safety and health legal system and corresponding labor standards in legislative idea,legislative model,legal scope of application,law responsibility and other aspects,on the basis of comparing the practices of occupational safety and health supervision and law enforcement in developed countries,this paper puts forward Suggestions to improve the domestic law guarantee mechanism of China's occupational safety and health international labor standards.as follows:The defects and perfection of occupational safety and health legislation transformation in China.The legislative idea emphasizes the production safety;The "dual" legislation of work safety and occupational health leads to the inadequacy of law coordination.The law applies narrowly to government agencies,public entities and non-profits,as well as workers such as civil servants,domestic workers and self-employed people.Due to their light legal responsibilities,it is difficult to prevent and control accident risks at the source.The author based on the analysis of transformation of occupational safety and health legislation in our country,on the basis of the existed defects and insufficiency in the comparative study of the corresponding labor standard legislation idea,legislative mode,meet the requirements of the applicable scope and legal liability and the suggestion,put forward the construction of a labor oriented occupational safety and health legal system,promoting the integration of occupational safety and health legislation,gradually expanding the scope of the applicable law,the strengthened enterprise legal responsibility and establish the accident of punitive compensation system.The insufficiency and perfection of occupational safety and health law enforcement in China.The "dual and multi-party" law enforcement subjects,especially the supervision and law enforcement of work safety and occupational health,are separated from each other,which increases the complexity of the law enforcement guarantee mechanism and inevitable function overlapping and interest conflict.At the same time,the "nanny-type" law enforcement concept and the "moving-type" law enforcement method have broken the balance between the government,the market and the society,promoted the arbitrariness of administrative law enforcement,violated the principle of "legality" of law enforcement,and actually caused the inversion of the application of laws and policies.Therefore,on the basis of comparing the practices of occupational safety and health supervision and law enforcement in developed countries,the author puts forward some Suggestions,such as implementing integrated supervision and law enforcement,balancing the relationship between government intervention and free coordination of the market decisions.