| The right to health is the most basic of all the rights of citizens.The protection of workers’ occupational health right is of great significance to China’s labor resources,sustainable economic development and the maintenance of the unity of legal construction.Based on the concept of the right to occupational health and its legal relationship,this paper enriches the relevant theories of the right to occupational health and promotes its legal system to adapt to the requirements of the new situation.In addition,relying on the improvement of the legal system protection of workers’ occupational health right in China,the improvement of the supervision function of health administrative departments and the enhancement of the relief path of "injured" workers’ occupational health right,further suggestions are provided for the legal protection of workers’ occupational health right in China,in order to realize that occupational diseases and work-related diseases that endanger workers’ health are included in the scope of occupational health protection,The health administration department shall work in coordination with other departments with occupational health management functions to truly guarantee the workers’ occupational health rights in an all-round and seamless way.In addition to the introduction and conclusion,this paper consists of four parts.The first part clarifies the concept of the right to occupational health,defines the right to occupational health by combining the existing theoretical research and legal provisions,and discriminates the confused concepts.This paper discusses the legal relations and attributes of occupational right to health,analyzes the objects and subjects of occupational right to health and the content of rights and interests of occupational right to health.Due to the complexity and diversity of its legal relations,the attributes of occupational right to health also have multiple attributes.The second part comprehensively analyzes the legislative situation,law enforcement status and relief path of legal protection of occupational right to health,and summarizes the current situation of legal protection of occupational right to health of workers in China.The third part analyzes the main problems existing in the current situation of occupational right to health protection,such as insufficient government supervision and law enforcement function,incomplete legal system of occupational disease prevention and control,inadequate implementation of responsibility subject and contradiction of law application in judicial relief,as well as the causes of the aforementioned problems,so as to put forward better suggestions to solve the problem.The fourth part,in view of the problems and causes existing in the legal protection system of workers’ occupational health right,puts forward suggestions on strengthening the protection of workers’ occupational health right from the aspects of system protection,administrative law enforcement supervision and judicial relief,and carries out occupational health protection actions. |