职业健康法治化路径研究

Study on the Nomocracy of Occupational Health

职业健康法治化是推动职业健康领域改革发展、促进职业健康形势好转、实现职业健康治理体系和治理能力现代化的必然之路。基于职业健康治理现状和不完备法律理论,立法机关要遵循科学规律和立法规律,做到科学立法;政府监管部门要完善执法体制机制和规范执法行为,做到严格规范执法;司法部门要改革审判体制机制和加大法律援助力度,做到公正司法;国家工作人员和用人单位负责人要带动其他公民共同提高职业健康依法治理能力。

The nomocracy of occupational health is inevitable to promote the reform and development in the occupational health field,to promote the improvement of occupational health situation,and to realize the modernization of occupational health management system and management ability. Based on the status quo of occupational health governance and the incomplete legal theory,the legislature should persist in scientific legislation following the laws of occupational health science and the law of legislation. Government regulatory departments should work for strict law-enforcement through improving the law-enforcement system and standardize the law-enforcement behavior. The judicial department should achieve judicial justice by reforming the system of judicial system and increasing the strength of legal aid. National staff and employers shall lead other citizens to work together to improve the occupational health governance capacity by law.