论我国职业病防治法律规制的进路及完善

我国已建立多层次保障职业健康和防治职业病的规制体系,其具体进路主要表现为劳动者权益保护日益增强、用人单位责任进一步强化、便捷高效原则更加突出、职业病防治监管主体多次转变。四条进路之间呈现既相互联系又相互区别的辩证统一关系,表明我国职业病防治重点解决职业病诊断、鉴定及追责之困境,已将劳动者权益置于首位,摆脱了法律工具禁锢,而转向权益保障的价值目标。展望未来,尚可从匹配职业病诊断和鉴定机构的管辖级别、设立职业病鉴定中的听证程序、持续推行高效便民原则及实现对职业卫生监管直接责任人员的监察整合等方面进一步优化。

On the Approach and Improvement of Legal Regulations of Occupational Diseases Prevention and Control in China

China has established a multi-level regulatory system to protect occupational health and prevent and control occupational diseases. The specific approach of the regulatory system is mainly manifested in its increasing protection of the rights and interests of workers, its further strengthened responsibility of employers, more prominent principle of convenience and efficiency, and the constant changing subjects of supervision of occupational diseases prevention and control. The dialectical and unified relationship across the above four approaches shows that the prevention and control of occupational diseases in China focus on solving the dilemma of its diagnosis, appraisal and accountability, and have put the rights and interests of workers in the first place, eliminated the imprisonment of legal tools, and turned to the goal of value of protecting workers'' rights and interests. Looking forward to the future, it can be further optimized from the following aspects of matching the jurisdiction level of the occupational diseases diagnosis and appraisal organizations, setting up the hearing procedure in occupational diseases appraisal, continuously carrying out the principle of high efficiency and convenience for the people, and realizing the supervision and integration of the persons directly responsible for occupational health supervision.