Research On Government Responsibility Of The China Laborers’ Occupational Security System

Workers occupational safety is a more and more universal and serious social issue for China in transition. The professional risk exists in various areas of production, and the whole society should take the responsibility of reducing occupational risks and increasing occupational safety. Being "safety" and "healthy" in working should be as an advanced concept in modern society. Whether the laborers safety situation in working is good or not, to a lager extent, depends on labor protection policies and social guarantee system, sound or no. While laborers pay them physical and metal at work for social economical development and take risks at health, so the society should protect them fully. This reflects the most basic of human rights, humanitarian and social justice. As a public resource manager, a leader of social transition and the formulation and implementation of transition policies, the government should share with this transition cost. From the perspective of government responsibility, this article aims to discuss on the issue on the accountability in Chinese laborers’occupational security system, so as to outline the overall framework for laborers’occupational security system of government responsibility and try to come up with improving policy approaches for the labors occupational security.It described the basic theory of the labors occupational security system as well as some changes in occupational injury risk under the transformation period in the Chapter2and Chapter3of this paper. What’s more, it also analyzed the theory of basic connotation of workers, occupational injuries; occupational security and government responsibility, then pointed out that the labor occupational security system is comprehensive. It includes all aspects of occupational injury prevention, safety in production, work-related injuries, occupational disease prevention mechanism, industrial injury insurance and rehabilitation mechanisms. Each mechanism has the different functions prior or subsequent, constituting the occupational security system together. Regulatory responsibility, system responsibility and financial responsibility taken by the government in the transition for workers occupational security are neither infinite nor limited that one simply interpreted, but to the effectiveness of the pursuit of goals. Change of economic system, upgrading of industrial structure, changes in the occupational structure, so that the original of the labor and social guarantee system are broken. Compared with the planned economy, great changes occurs in Chinese professional risk, mainly in:types and risk factors of occupational risk increasing, the transfer and aggregation of occupational risks among different industries and groups of workers, the occupational hazard severity of the consequences of further deepening, long-term latent danger of deepening, the overall situation of professional risk extending rapidly and the disorder state of prevention. At this stage, it is necessary and urgent to promote and optimize the Chinese laborer’s occupational security system by government, which is decided by Chinese occupational injury severity.The Chapter4points out that occupational security system as a social benefit of public policy is Government-led public goods. The responsibility subject of Government is irreplaced in the laborers’occupational security system and its taking responsibilities base fully on legal principle. The occupational security system as a public policy which realizes social and economic benefit is a Government-led public goods, with the nature of non-economic interest-oriented and non-market. Occupational risk of threats during the transition period has become increasingly prominent and social risk and crisis management becomes an important function of Government. From the requirements of international conventions, the Constitution, and social law, government responsibility can not be missing. Government’s responsibility, the Chinese laborers’occupational security system, is clear and specific. The protection of citizens to survive with dignity has become modern states’obligations.It described the issue on government responsibility from the controlling process part and the relief after events part. The controlling process part of government responsibility in the laborers’occupational security system is reflected on safety production regulation. That is, by controlling safety production process, it could reduce the laborers’occupational injury accident. After the founding of new China, China’s workplace safety regulation system experienced germination, exploration, molding, perfect in four phases. Workplace safety regulation system in each stage of development is inseparable from the overall socio-economic development environment and the safety regulation system develops and improves constantly in adjustment. However, with the economic and social development as well as the profound changes in occupation safety situation, the total effect of safety regulation is still not satisfactory. Including both the irrationality of the system and safety standards is too low; the regulation of relevant institutions is not strong enough, and agreement with relevant institutions, etc. The relief after events part of government responsibility of the laborers’occupational security system embodies state and government make arrangements on industrial injury insurance system to provide post relief for laborers. The laborers’industrial injury insurance system has undergone the process of exploration from the early days of reform pilot to the final shape, but the effective of China’s industrial injury insurance system is still low. Whatever system covering the object or the level of protection, protection effect or long-term stability, trinity functionality to play or a single target realization, macro system architecture or setting micro-technical aspects, it did not perform as expected of full protection functionality.The Chapter7discussed the problems of these special groups of laborers’ occupational security system and solution ideas. The special groups are still not involved in the government current responsibility of the laborers’occupational security system, such as the karoshi workers, injured athletes and the old work-related injuries. This part of the workers’social guarantee or have not been solved or not yet conclusive. It points out these special workers should be included in the scope of government responsibility.The Chapter8described the successful practice from foreign countries as well as its reference to us by the method of comparative analysis. The government responsibility of the labor occupational security system has not only particularities but also universalities. In the transformation period of the special historical conditions, China should learn from the successful experiences and practices of the United States, Germany, Japan, the United Kingdom and other countries. This article analyzes and summarizes the relevant experience of these countries, and points out their successful experience should be reference to us, including, legislating on law and regulations which their power and responsibility are clear, identifying the major fields of labor safety regulations, inculcating a safety culture and environmental, formulating the development goals of labor safety regulations in the future, injury insurance reform developing to the systematic direction, the development of occupational security system connecting with national conditions and so on.The Chapter9of this paper elaborated the policy approaches of perfecting government responsibility of Chinese labor occupational security system. At present Chinese governments’occupational security system has some particularities and periodicities; we should optimize and reform the current government responsibility arrangement. We should build a series of available system and technology for Chinese occupational security system in the future. Occupational security system, as a comprehensive occupational safety and safeguard measures of work injury, it is not only a macroscopic and complicated system, but also it needs the coordination of every inside link and technology in the system, at the same time it needs the coordination of the relevant policies and measures outside of the system. These systems include labor contract system, the disabled people’s employment promotion system and related systems. These systems are component parts or necessary continuation of occupational security system, and they are also regime and policy guarantee to realize workers’rights.