China's Fragmented Occupational Safety and Health Regime: An Analysis of the Work Safety Law and the Occupational Diseases Law

[2016] LAWASIA Journal, 1-18.

18 Pages Posted: 4 Mar 2016 Last revised: 13 May 2018

Date Written: March 2, 2016

Abstract

This paper examines the two main national laws that regulate occupational safety and health (OSH) in the People’s Republic of China: the Law of the People’s Republic of China on Work Safety (‘Work Safety Law’) and the Law of the People’s Republic of China on the Prevention and Control of Occupational Diseases (‘Occupational Diseases Law’). In analysing the design and administration of these two separate but parallel legal regimes, it is argued that the ‘legal cracks’ arising from this fragmented regulatory approach pose significant obstacles to promoting continuous improvement of occupational safety and health and the prevention of occupational injuries, diseases, and deaths in China.

Keywords: work safety, industrial health, occupational health, Chinese law

JEL Classification: J28; K31; K32

Suggested Citation

Zou, Mimi, China's Fragmented Occupational Safety and Health Regime: An Analysis of the Work Safety Law and the Occupational Diseases Law (March 2, 2016). [2016] LAWASIA Journal, 1-18.. Available at SSRN: https://ssrn.com/abstract=2741466 or http://dx.doi.org/10.2139/ssrn.2741466

Mimi Zou (Contact Author)

University of Oxford ( email )

Mansfield Road
Oxford, Oxfordshire OX1 4AU
United Kingdom

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