A Research On The Legal Right To Occupational Safety And Sanitation In China

Occupational safety and health right is the most important one of labor rights, to protect the life and health of workers .The international labor organization and the western developed countries' legislation have come in the special and detailed rules. China is the world's country of many accidents , focusing mainly on coal and traffic transportation , annually cause hundreds of thousands of casualties, economic losses as high as more than 2,000 thousand billion. Due to the lack of health prevention concept, hundreds of thousands of laborer are suffering the occupational disease, intolerance influence socialharmony. Our country is in the high-speed economic development period, guarantee of human rights and dignity should be the proper meaning of righteousness, and also the laborer comrade jintao hu response "decent labor"respectively.Based on social justice and the protection of human rights, this paper based on occupational safety and health authority as the core, the purpose is to draw public, legal scholars to safeguard social resonance, and cause the attention of employee occupational safety and health. Paper is divided into four chapters:The first chapter is an overview of occupational safety and health authority. Contents include occupational safety and health, and the right of occupational health and safety concept, occupational safety and health right which children rights, occupational safety and health right nature and value of perspective. Concentrated analyzed with occupational safety and health right to privacy, rights, social rights to subsistence and the relationship, highlighted the human dignity, justice, the concept, economic development, the harmonious society's value orientation. The second chapter is in China's occupation safety and health law protecting the right. Through the introduction of occupational safety and health in China the history and situation right in our country at present, and reveals the protection of the right of occupational health and safety existing problems in the operation of our country's present situation, and the reason of causing problems . Chapter 3 of this article reviews the international occupational health and safety and the protection of the right of enlightenment. The developed countries of Europe and the United States, Britain, Japan, Canada and the legal system in Taiwan are analyzed, also introduced the national labor organization occupational health and safety aspects in the convention and specific standards . Through the comparative analysis between countries, with China's occupation safety and health protection status, draw some beneficial enlightenment.The fourth part is basic assumptions for perfecting our country's occupation safety and health law. The first is perfecting legislation occupational health and safety system of our country; the second build concrete legal protection system, including the occupational safety and health supervision system, training education system, major industrial accident prevention system. Finally is perfecting remedies relief right on occupational safety and health , covering the constitution ,administrative remedies and judicial relief.