| The coal industry is one of the key industries of my country’s economic development,occupies an important position in the country’s energy,and at the same time injects a strong impetus into the country’s long-term economic development.In recent years,although my country has achieved good results in the safety production of mining enterprises,and the death rate of mine accidents has been further reduced,the number of occupational diseases reported by coal miners is still relatively large.Occupational diseases of coal miners have the characteristics of a large number of cases,strong concealment and difficult to cure.At present,there are few systematic studies on the occupational disease protection of coal miners in my country,and relevant laws and regulations need to be improved urgently.This article takes the legal protection of occupational diseases of coal miners as the object,defines it theoretically,and analyzes the problems faced by the legal protection of occupational diseases of coal miners in combination with the current national conditions.Suggestions on labor legal protection and improve the corresponding legal system.The main content and framework of this study are as follows:The first chapter is a theoretical overview,which mainly sorts out the concept of occupational diseases and the concept of occupational diseases of coal miners.The article expounds the basic concept of occupational disease protection for coal miners from three aspects: human rights protection,public protection,and special protection.Through the sorting out of historical and existing laws and regulations on occupational disease protection,there is an overall grasp of the current legal protection of coal miners for occupational diseases.The current situation leads to the analysis of the current problems in the following text.The second chapter analyzes the existing problems in the current labor security system of occupational diseases of coal miners in my country.The article sorts out the existing legal system and practice status of occupational disease protection for coal miners.In this part,it studies the current legislation,judicial and administrative remedies for coal miners’ occupational diseases in my country,and the labor legal system of trade unions for coal miners’ occupational diseases.It is found that there are Lack of overall occupational safety protection,difficulties in administrative identification of work-related injuries,insufficient supervision by administrative agencies,absence of trade union guarantees,etc.The third chapter sorts out the relevant experience of foreign coal miners’ protection.Through sorting out the legislation,protection subject and relief means of occupational diseases of coal miners in the United States,Germany and South Africa,it is found that it has the characteristics of combined occupational health and safety legislation,multiple protection subjects and high relief efficiency,and its occupational disease protection effect is good.Therefore,it is necessary to extract valuable experience to effectively protect the rights and interests of occupational diseases of coal miners.The fourth chapter is the legislative suggestion and improvement.Combining the foreign experience in Chapter 3,and improving the problems raised in Chapter 2,it is proposed that the legislation on occupational health and safety of coal miners should be improved,the role of public interest litigation in the protection of coal miners’ occupational diseases should be brought into play,and the work-related injury identification process should be simplified.This paper discusses the position of trade unions in occupational diseases of coal miners,and clarifies the role of trade unions in occupational disease protection by strengthening direct elections of trade unions,collective negotiation,and purchase of legal services by trade unions. |