How Hard It Is To Modify A High Temperature Labor Law?
At present, the only law which can be referred to in our country's high temperature operation is in July 1, 1960.
Interim Regulations on measures against heat and cooling
"
It only provides technical measures, health care measures and organizational measures for heatstroke prevention and cooling work, aiming at industries such as metallurgy and other special high-temperature operations, which are obviously behind the times.
The annual heat season is approaching.
Labor protection at high temperature is not only related to the safety of production, but also to the health of millions of workers, as well as the humanistic concern of the society and enterprises.
In recent years, in midsummer, many local government departments have issued some "notices" about high temperature weather protection in order to protect workers' health and safety in hot weather.
humanistic concern
The act of charity is commendable.
But the writer is not happy about it.
The reason is that the "notice" issued by high temperature labor protection can not replace the law. They do not have the authority, validity and unity of the law, lack the rigidity of national laws, and can not solve the problem of labor protection at high temperature.
It is what we would like to see and look forward to to amend and perfect laws and regulations and enforce the high temperature labor protection according to law.
At present, the only Interim Regulation on the prevention of heat and cooling in China is issued in July 1, 1960, reflecting the social and economic situation in the early 1960s.
The era has changed, and the provisional regulations have lagged behind, and can not keep pace with the pace of economic and social development.
But this provisional regulation has been officially held for 51 years.
In fact, in order to promote administration according to law, the CPC Central Committee and the State Council have issued documents for cleaning up relevant laws and regulations for many times, and explicitly put forward laws and regulations that are out of date.
However, many unseasonable "Interim Provisions" have not been cleaned up in time, and are still playing the legal effect. This is a pity.
The reasons for such a phenomenon are, of course, legislative procedures.
But this can not be an excuse for the administrative departments to shirk.
As for the government functional departments exercising public power, it is obliged to investigate and demonstrate according to the actual situation, and promote the improvement and improvement of the lagging laws and regulations.
If you sit idly by and drag on, at least one kind.
Administrative omission
。
"Law and time change rule, law and time are meritorious."
Sound and sound laws and regulations are the cornerstone of ensuring fairness and justice and promoting social harmony. It is the need for national rule of law and the need for building a harmonious society.
Any public policy should determine the overhaul period to eliminate inappropriate parts and increase the content of actual needs. This is the development of the legal system with the times.
If the stereotypes not only continued to have "legal effect" half a century ago, but also maintained its super stability under the circumstances of numerous queries, this could not be doubted that the effectiveness of our legal self correction mechanism was not a legislative act, but also a legislative sadness.
It highlights the shortcomings and shortcomings of the dynamic system that exposes China's maintenance of legal system.
"Legislative inaction" and "arbitrary legislation" have great harm, which will lead to injustice at the source, so that the interests of the state, the public interests of the society and the interests of the people are all damaged.
Therefore, how to establish an effective mechanism to eliminate the phenomenon of administrative legislation omission, especially the revision of the "speeding up" of the laws and regulations that are changing now and then, should be a pressing matter of the moment and imperative.
We are looking forward to revising the laws and regulations that have changed over time, such as the Interim Regulations on heatstroke prevention and cooling. We will put the old regulations on speed up at an early date, so that we can make progress with the times and give full play to the legal effect, so as to effectively protect the workers' health, safety and legitimate rights and interests in high temperature weather, and raise a sunshade for workers at high temperatures.
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