(法学)张海超法律英语案例模版课件.ppt

* 开胸验出 制度“尘肺” A Brief Description Of The Case Name:ZhangHaichao Resume：2004.8 worked in Zheng Zhou Zhendong wear-resisting corporation 2007.8 started coughing and had a chest examination but did not know the result 2009 lost the ability to work be diagnosed as pneumoconiosis(尘肺） 2009.6 opened the chest The Result Of The Case and the “?” ZhengZhou Municipal Committee(郑州市政委)criticized the “Occupational Disease Precaution Clinic”(职防所) and punished the responsible people by making them suspended,removed or canceling their professional qualification. ? Is that enough? ● Zheng Zhou Zhendong wear-resisting corporation gave Zhang compensations（赔偿） 615000 yuan in total. ● ? Is that enough? controversial focuses 1.Whether the “ODPC”(职防所) has encroached on(侵犯) the rights of the workers? As a government department, should it pay fines to Zhang? 2. The law of Occupational disease prevention（职业病防治法） didn’t protect workers health rights very well, which goes against the constitution. 3. Whether the privileges of the diagnosis（诊断特权） of occupational disease should be canceled? If so (1) what is the new criteria ? (2) Does it need to connect with the government? The Voices Besides the focuses, lets listen to many different voices 1.the system of physical examination in the company is wrong! 2.the proof which need to show before having the test in ODPC （职防所) should not have to come from the company. 3.It also reflects that there is an area that the government forgot to govern. Constitution available 　第一条　中华人民共和国是工人阶级领导的、以工农联盟为基 础的人民民主专政的社会主义国家。 第二十一条　国家发展医疗卫生事业……举办各种医疗卫生设施…...保护人民健康。 第五条　中华人民共和国实行依法治国……国家维护社会主义法制的统一和尊严。 　　一切法律、行政法规和地方性法规都不得同宪法相抵触。 第四十一条 由于国家机关和国家工作人员侵犯公民权利而受到损失的人，有依照法律规定取得赔偿的权利。 Constitution available law of Occupational disease prevention(职防法） “职业病诊断机构