Thoughts on studying the relationship between the implementation effect and influencing factors of the occupational disease prevention legislation
10.20001/j.issn.2095-2619.20250801
- VernacularTitle:职业病防治法律制度实施效果与影响因素关系研究的思考
- Author:
Shijie HU
1
Author Information
1. Guangdong Province Hospital for Occupational Disease Prevention and Treatment, Guangzhou, Guangdong 510300, China
- Publication Type:Journal Article
- Keywords:
Prevention and control of occupational diseases;
Legal system;
Legal implementation;
Legislation;
Law enforcement;
Law compliance;
Influencing factors
- From:
China Occupational Medicine
2025;52(4):361-367
- CountryChina
- Language:Chinese
-
Abstract:
The legislative purpose of the Law of the People′s Republic of China on the Prevention and Control of Occupational Diseases is to safeguard the health, related rights and interests of workers, and to promote economic and social development. The remarkable achievements in occupational disease prevention and control indicate the implementation effect of the legal system for prevention and control of occupational diseases. The implementation effect of laws is influenced by various factors, including legislation, law enforcement, and law compliance. This study proposes a methodology to study the relationship between the implementation effect and influencing factors of the legal system for prevention and control of occupational diseases, based on the implementation theory of the law and the actual implementation of the legal system for prevention and control of occupational diseases, so as to further improve the level of legislation, law enforcement, and law compliance, and to promote the realization of the legislative purpose. The results of this study show that the law enforcement dimension of prevention and control of occupational diseases can be examined by retrospective analysis of the incidence of occupational diseases, or the relationship between other illegal situations and the intensity of supervision and punishment. The compliance dimension can focus on the application of enforcement principles (legality principle, rationality principle, and efficiency principle) and attribution diagnosis principles for occupational diseases. The legislative dimension should prioritize the appropriateness of the legal system′s content, implementation status, and clarity and acceptability of legal expressions. In addition, research should be conducted on issues such as opportunities for violations, motivations for compliance, social atmosphere, and legal awareness campaigns. Relevant research data can be obtained by collecting management statistics, media reports and special subject design observations. Only when laws are well-established, well-enforced, well-applied, and when law-abiding becomes the conscious choice of employers and law enforcement agencies, can workers′ occupational health rights be effectively protected and the authority of the law fully realized.
