我国职业病鉴定制度的反思与重构

Reflection and Reconstruction on Identification System of Occupational Disease in China

当今职业病纠纷和职业病诊断争议引发的群体性事件不断增加。对此,新修订的《职业病防治法》提出了举证责任倒置,但仍无法突破职业病鉴定难的"瓶颈"。因此,我们应反思现行职业病鉴定制度的困境并重构职业病鉴定制度的可行性途径,以有效解决职业病鉴定难所面临的问题,构建稳定和谐的劳动关系。

Nowadays,the disputes of occupational disease and the controversy of the diagnosis have caused the increasing of mass incidents. The newly revised ＂Occupational Disease Prevention Law ＂has provided inversion of onus probandi,but it still can not break through the ＂bottleneck＂that it is hard to identify the occupational disease. Therefore,we should reflect the current plight of the identification system of occupational disease and reconstruct a feasible approach to the identification system of occupational disease so as effectively solve problems faced by difficult identification of occupational disease and build a stable and harmonious labor relation.