popular是什么意思法学论文外文翻译

2021年1月19日发(作者：学士)
附

录

Revolution
of
Chinese
Occupational
Health
Legal
Protection
Mechanisms Based on the Concept of Innovation
Jinke Tan
East China University of Political Science and Law, Shanghai, China 201620
Keywords:
Workers, Occupational Health, Occupational Safety
Abstract.
Occupational Health Act hermeneutics development affects its law
policy
design
direction.
Therefore,
the
law
of
Chinese
worker
occupational
health
protection
needs
to
be
wary
of
some
cognitive
bias
and
its
potential
directional
bias.
It
is
imperati
ve
to
abandon
the
“unitary
view”with
which
people take occupational health protection equivalent to the skeletal muscle and
other health protection; and “big occupational safety concept” which focuses on
occupational
safety
but
ignore
occupational
health
a
nd
“occupational
disease-
oriented view” which narrows the occupational health governance as a
statutory occupational disease prevention, reducing the risk management objects;
toward “triadic” occupational health protection which are social well
-adapted on
the
aspects
of
occupational
physical
health,
mental
health
and
occupation;
to
unify
the
Occupational
Safety
and
Health
Occupational
Health
and
Safety
legislation to promote good governance synergies; and establish the concept of
occupational health risk management, strengthen early warning and prevention
and the priority of control, and come into the whole process of comprehensive
occupational health and disaster management.

1




Legal
protection
concept
adaptation
based
on
new
cognition
of
occupational health By the definition of occupational health and management of
related
concepts
connotation,occupational
health
concept
has
been
clear:
occupational health of workers is a complete body physiology, steady and good
mental
state
and
social
well-adapted
stable
state.
Occupational
Health
has
the
following
characteristics:
it
includes
the
physical,
psychological
and
social
aspects;
it
is
dynamic,
along
with
the
development
of
social
development;
occupational
Health
and
occupational
Safety
are
dialectical
unity,
and
occupational health protection is risk- oriented, rather than confined to statutory
occupational disease. This understanding is corresponding to the inherent nature
of occupational health compliance requirements, leading the legal protection of
occupational health and adaptation.
1
Protection
from
physical
health
to
“
physical, psychological
and
social adaptation good
”
three- dimensional health protection




With
economic
globalization,
increasing
competition,
rapid
technological
innovation,
China
labor
environment
has
undergone
major
changes.
Workers
face
more
physical,
psychological
and
social
risks
and
hazards,
and
new
occupational
injuries
continuously
emerge,
so
the
traditional
occupational
Health
Act
has
been
difficult
to
adapt
to
the
real
needs.
Therefore,
the
future
occupational safety law should go beyond the traditional emphasis on security to
protect the health of the shackles, and promote physical health, mental
health,
and social adaptability:




To
establish
the
concept
of
the
work
environment
right.
Working
environment right does not just refer to the health of workers rights protection,
also includes a workplace mental health and social adaptability good protection,

2
in
order
to
achieve
the
highest
standards
of
health
and
comfort
of
the
psychological environment for legislative purposes, which is a new realm of the
development
of
occupational
health
protection.
Sweden
has
modified
the
previous
workers
protection
law
into
worker
environment
rights
law,
Norway
also
specially
formulated
workplace
rights
law.
Infrastructure
development
of
occupational
health
and
safety
law
should
move
towards
“physical
-
social
–psychological” protection, focusing on the protection of the work environment
right.




Legislation
establishment
of
“physical
-
social
–

p
sychological”
occupational
health
protection
mode.
In
the
future,
we
need
to
modify
the
definition
of
occupational
diseases
in
the
second
article
of
“Occupational
Disease Prevention Law”, whose causative factors are no longer confined to the
dust, radiation, toxic substances and other harmful substances, but also include
social pressure and other risk factors. Secondly, it is recommended that workers’
mental illness due to work stress should be included in the List of Occupational
Diseases within the scope of compensation into the work injury insurance, and
the
most
important
and
urgent
is
the
need
to
include
post-traumatic
stress
disorder (as mentioned in the case of two diseases ) and depression after injury.
In
this
way,we
can
beyond
the
traditional
limitations
of
physical
health
protection, emphasize the overall health and safety of the working environment
and reduce occupational injury risk, thus achieving the goal of health promotion.




Improve
the
specific
implementation
mechanisms.
We
need
to
strengthen
labor
inspection
regulations,
mental
health
assessment,
risk
communication
psychology, psychological counseling and other content right (force) obligation
mechanism,
clear
the
responsibility
attribution
and
reporting
time
of

3
specification
of
occupational
injuries,
and
actively
implement
duty
and
obligation
of
the
employing
unit
labor
psychological
occupational
health,
self-protection
management
and
security
education
and
training
aspects,
and
carry out a plan to promote planned, positive, persistent workplace mental health
promotion
programs
to
prevent
and
control
mental
illness.
Secondly,
we
must
pay attention to the rehabilitation of injured workers reconstruction, not only to
promote
the
rehabilitation
of
workers
with
mental
illness,
but
also
stress
the
social rehabilitation and vocational rehabilitation. Through the establishment of
vocational
rehabilitation
assessment
and
accountability,not
only
make
the
injured worker get timely and effective treatment, but also protect the workers to
have the institutional support to want to re-employment or to maintain existing
job or return to work to overcome old related disorders support to ensure their
adaptation in social life.
2 From heavy Occupational Safety and light Occupational Health to
systematize and good governance




Latent,
occult
and
complexity
of
Occupational
health
risks
decide
the
professional
of
occupational
health
protection,
while
the
Occupational
Safety
and
Health
have
a
close
link,
we
need
to
emphasize
systematize
and
good
governance.
Currently
the
legal
protection
of
occupational
health
system
with
Occupational Disease Prevention Law as the core and the Occupational Safety
and
legal
protection
system
with
“Production
Safety
Law”
as
the
core
architecture the dividing
and conquering situation of the Chinese occupational
health
and
occupational
safety.
In
the
specific
regulation,
because
China
occupational
health
regulatory
mechanisms
has
experienced
the
labor
department
responsibility
system
in
the
early
founding
period
of
this
country,

4
the
health
health
administrative
department
system
in
1998,
the
health
sector
and
production
safety
supervision
department
“cohabitation”
system
in
2003,
and the newly revised “Occupational Disease Prevention Law” which takes the
production
sector
regulatory
regime
in
2011.
Through
many
of
the
shifting
alliances,
it
has
formed
a
production
safety
supervision
and
management
departments,
health
administrative
departments
of
labor
and
social
security
administrative
departments
at
the
core
of“concerted
efforts”
but
the
“bulls
dispersed” situation.





Therefore, there are serious “fragmentation” governance orientation in the
occupational
health
protection
on
the
internal
mechanisms
of
occupational
safety
and
occupational
health
and
protection
of
the
relationship:
(1)
institutional
fragmentation:
legal
protection
of
occupational
health
hazards
institutional
design
is
lack
of
coordination,
and
even
have
conflicts
and
contradictory, such
as
too much emphasis
on
complement compensation (pay)
and
neglect
prevention
and
break
institutional
balance;
(2)
regulatory
powers
and
resource
allocation
fragmentation:
for
example,
the
safety
supervision
departments
have
no
professional
independent
department
to
undertake
occupational
health,
and
health
department
has
no
enforcement
authority,
and
various
regulatory
bodies
manage
are
segmentation
and
lack
coordination;
(3)
the fragmentation of the system during operation:occupational health protection
processes are broken, rigid, heavy compensation (pay) and light prevention and
rehabilitation, the process of mutual is segmented and so forth.




In
order
to
achieve
the
purpose
of
protection
of
occupational
health,
we
must
recognize
the
relationship
between
occupational
safety
and
occupational
health
rightly.
As
the
futurist
AlvinToffler
said,
“To
re
-integrate
the
right
big

5
ideas,
as
well
as
on
the
general
theory
of
the
fractional
part
into
the
overall
return.”
“Faced
with
occupational
health
management
with
the
global
issues,”you first need to emphasize the dialectical unity of occupatio
nal health
and
occupational
safety
systems,
break
the
current
legislation
of
both
decentralized,
functional
partitioning,
regulatory
discrete
situation,
and
formulate
a
unified
“Occupational
Health
and
Safety
Act”
to
integrate
the
existing “occupational Disease Prevention Law” and “production Safety Law”.
Second,
we
should
improve
the
integration
of
occupational
safety
and
health
regulatory
model,
and
establish
a
relatively
independent
occupational
health
sub-supervision
and
law
enforcement
agencies,
and
the
lead
in
establishing
occupational
health
sector
regulation
coordination
mechanisms
to
promote
occupational health and safety protection for joint development.
3
A
whole
process
of
governance
from
a
passive
response
to
prevention
and control of priority




Occupational
health
protection
risk-oriented
philosophy
requires
the
awareness
of
the
risks
of
new
occupational
hazards,
analyze
and
evaluate
and
put them into control objects. On the other hand, it is no longer limited to the
statutory
occupational
pr
otection,
“making
the
workplace
healthier
eyes
of
governance
move
from
risk
attributes
of
the
work
itself
to
a
variety
of
risk
factors associated with workplace.” A full range of occupational health hazards
governance model is not only adopted for traditional occupational diseases, but
also for multistory diseases and the “work
-
related disease”and other general risk
prevention, such as emerging technologies product Nan particle materials.




Ideal
regulatory
mechanisms
need
to
prevent
and
control
occupational
health management from
the source to
the early
prevention
and
control in
the

6
process of labor protection, manage occupational hazards consequence, to clear
responsibility
in
the
formation
of
occupational
therapy
rehabilitation,
and
manage the integration powerfully, seamless regulation (see below figure), but
China occupational health prevention and control regulatory mechanisms is still
far
to
reach
this
goal.
Although
many
scholars
proposed
to
improvement
suggestions
about
occupational
health
supervision
dispersed,
overlapping
functions,
un-standardized
regulatory
agencies
settings,
the
lack
of
definitive
measures,
but
in
context
of
the
continuous
occupational
health
disaster,
this“government
regulation
dependence”
reform
path
does
not
eradicate
the
dilemma of occupational health protection.





Occupational
health
laws
should
govern
toward
a
mode
of
government
regulation
guidance,
market
coordination
and
the
main
power:
optimal
allocation
of
government
supervision
and
monitoring
of
the
management
of
rights,
to
mobilize
the
enthusiasm
of
the
employer
initiative,enrich
and
strengthen the rights of workers’ occupational health, the formation of “internal
controls” and “external monitor” interactive coordination of occupational health
promotion approach.





This
requires:
the
first
is
to
form
system
“cooperation”:
including
occupational
health
hazard
reporting,
evaluation
system;
“three
simultaneous”
system;
occupational
hazards
assessment
system;
standardization
system;
occupational
health
surveillance
system;
education
and
training
system;
prevention
and
control
of
industrial
injury
insurance
system,
etc.
institutional
system.
The
second
is
to
improve
the
implementation
of
the
safeguard
mechanism:
It is necessary to take the health administration department of the
core
regulatory
body,
other
departments
cooperate
to
improve
the
supervision

7