Discussion on retroaction of occupational disease diagnostic criteria / 中国职业医学

ABSTRACT

OBJECTIVE: To explore the retrospective problem of occupational disease diagnostic criteria,and to improve the correct application and the theoretic basis of legal norms of occupational disease diagnosis. METHODS: Based on the related theory and principle of laws retroaction,different retroaction and its advantages and disadvantages of the occupational disease diagnostic criteria were analyzed. The applicable methods of new and old occupational disease diagnostic criteria based on the current occupational disease diagnosis and appraisal system were discussed. RESULTS: The occupational disease diagnostic criteria are updated frequently,but there is a lack of clear specification on the application of the old and new criteria. There is misunderstanding in correct application of old and new occupational disease diagnostic criteria from the society,which could have great influence on occupational disease diagnosis and appraisal. The occupational disease diagnostic criteria are a part of laws and regulations and the essence of its correct application is the retroactive force of law.The non-retrospection of occupational disease diagnostic criteria might be against the reasonable protection of the rights of laborers' health. The retroactivity of occupational disease diagnostic criteria reflects the value orientation of social law,but at the same time it must comply with the provisions of laws,regulations or administration rules. CONCLUSION: Active occupational disease diagnostic criteria should be used in the process of occupational disease diagnosis,and occupational disease appraisal should use the criteria of diagnosis.