两个典型案例引发对职业病诊断鉴定程序的重新审视

Re-survey on Diagnosis and Identification Procedures of Occupational Diseases Initiated by Two Typical Cases

本文以两个典型案例为基础，审视我国的职业病诊断鉴定程序存在的诊断主体资格狭窄、诊断鉴定程序混乱、举证责任分配不公、诊断鉴定期限不明确、对诊断鉴定机构缺乏有效监督、权利救济手段不足、对诊断鉴定机构的惩罚性措施较轻等诸多问题，进而提出完善职业病诊断鉴定程序的一系列措施。

Based on two current typical cases, this article re-surveys the diagnosis and identification procedures of occupational diseases in our country. There are some system defects in current diagnosis and identification procedures, such as diagnosis qualification is too stenosis, diagnosis and identification procedures are in chaos, distribution of burden of proof is unfair, the period of diagnosis and identification is not clear, there is lack of effective supervision to diagnosis and identification institutions, the right remedy measures are deficient and the punitive measures to diagnosis and identification institutions is too less, etc. This article finally supplies a series of measures to improve the diagnosis and identification procedures of occupational diseases.