中国职业安全治理模式的建立——基于社会性规制政策的分析

The Establishment of the Occupational Safety Governance Model in China——A Social Regulatory Policy Analysis

改革开放以来,中国正在经历从传统社会主义国家向现代社会主义市场经济体制国家的大转型。基于市场原则的职业安全治理新模式的建立为我们分析改革前后两个三十年的关系提供了一个很好的案例。为了回应市场转型的挑战,中国的职业安全职能随着政府机构改革而改变。过去由劳动部门主管的劳动保护工作逐步被剥离出来,归入了新成立的安全生产规制机构。但是,偏重于企业正常生产经营的安全生产规制不能取代以保障工人生命健康的职业安全健康规制。从安全生产规制走向职业安全健康规制,是保障劳动者的生命和健康,维护社会稳定与发展的必经途径。

China has been transforming from the traditional socialist country to a modern market economy since the reform and open door policy.The establishment of the occupational safety governance model based on the market principle provides a good case to analyze the changes between the 30 years of the pre-reform era and the 30 years of the post-reform era.The functions of the occupational safety system in China have been changed due to the government institutional reform in order to respond to the challenges caused by market transition.The work of labor protection which was in charge by the labor administration in the past has been detached and incorporated into the newly established work safety regulatory agency.However,the work safety regulatory agency which is biased toward the normal production process cannot replace the regulatory work performed by the occupational safety and health regulatory system aiming to safeguard the life and health of workers.It is argued that in order to protect the life and health of workers,and to maintain social stability and social development,it is necessary to turn the production safety regulation into the occupational safety and health regulation.