What will do investigating and prosecuting and opening the chest hospital in Henan? The ones that are unable to escape retaliating against dislike

What will do investigating and prosecuting and opening the chest hospital in Henan? The ones that are unable to escape retaliating against dislike
The youth in Henan goes beyond in a piece of sea " Open the chest and test the lung " The incident has been just positive to transform, but the department of public health of Henan Province has killed a " back thrust " unexpectedly --Except correctly " Open the chest and test the lung " Relevant unit and personnel of non-performance deal with outside strictly in the incident, the intersection of Henan Province and also to make " turn on chest, test the lung " for HaiChao Zhang department of public health Zheng Da of the operation encloses the institute ' First affiliated hospital of Zhengzhou University) ,Circulate a notice of criticism and place the investigation on file.


The department of public health of Henan Province encloses the investigation of the institute to Zheng Da one, seems to find the corresponding basis under the current law - -The 72nd regulation of our country current " law on prevention and cure of occupational disease ", " the medical health organ is engaged in the health examination of the job, occupational disease to diagnose without authorization without approval, health authorities order to stop the illegal activities immediately, confiscate the unlawful gains Of a serious nature, to direct person in charge and other direct persons liable, offer the punishment of demoting, dismissal in accordance with the law. " However, any conscience and sensitive masses that remain have to suspect, this method to seem to administer the state according to law, in fact but is full of evil intention.
First of all, any law enforcement or judicial act, must all be under the prerequisite of respecting legislators' legislative original idea, but not quote out of context mechanically, even the technicality is handled arbitrarily. Prevent and cure the regulation of the qualification to occupational disease by " law on prevention and cure of occupational disease ", its original idea is obviously with the purpose of protecting occupational disease victim's rights and interests, stop the medical organization not possessing ability borrowing occupational disease to prevent and cure and make profit illegally in the form of law, absolutely not forbid the medical organization with ability in the form of monopolizing in the administration, offer essential treatment and cure to occupational disease patient.
In case of that Zheng Da encloses the concrete behavior of the institute, " open the chest and test the lung " for its have no way when Zhang Hai goes beyond and prevents and cures the system at the current occupational disease, ,And help him to win late succour because of this, in the act that feeling, Yu Li are all the justice. Even if its behavior exists with the existing legal clause it is sure to conflict, but only the department of public health of Henan Province has basic sympathy on experience that Zhang Hai exceeded, there is basic introspection on injury that oneself working fault brings, as soon as it encloses the treatment of the institute to Zheng Da, there is abundant circling round in the space. Unless the original idea of the department of public health of Henan Province, it is to take advantage of the law hands to " renovate " Zheng encloses the institute big.
Secondly, Da Zheng enclose institute to the intersection of diagnosis and itself that Hai Zhang exceed, belong to " engaged in the intersection of job and health examination, occupational disease diagnose without authorization " ,Actually can leave a question open. Exceed in the face of getting deeply stuck in Zhang Hai that the illness goes to a doctor, Zheng Da as medical organization encloses the institute, no reason exceeds in a piece of sea " Suspected of being involved in " Occupational disease is put out and left alone. Moreover, the intersection of Zhengzhou and the intersection of city and duty prevent from, propose to Zhang Hai end provided to exceed, " reach general hospital make a diagnosis and give treatment further " . " open the chest " Later, dust its diagnosis of pulmonary tuberculosis objective fact, it beyond the control of Zhengs to be large to enclose institute hide from than offer. Moreover Da Zheng enclose institute, it gives Hai Zhang to be in first doctor's order commanded to exceed: " go to the occupational disease dispensary to further treat " ,Prove its having an abundant knowledge of " law on prevention and cure of occupational disease " and respect.
In fact, without the getting involved with strength of the media, public opinion, above-mentioned " go to the general hospital to further make a diagnosis and give treatment " With " go to the occupational disease dispensary to further treat " Each other " Introduction " ,Itself may exceed put at again pieces of sea " 22nd soldier's rule " In. This kind does not have awkward situation of the door to manage to guard two hospitals and ask, it is obviously the careless omission of extremely absurd current legal system and every accountability unit including department of public health of Henan Province and evil consequence that the evil intention causes. In the face of so evil consequence, the department of public health of Henan Province culls phrases and cites passages in a law of enduring censure to the fullest extent, and regard it as big stick-means of intimidation to wave Zheng Da who only play a positive role in the incident to enclose to the institute, have to let people make hostile supposition in remaining perplexed despite much thought.
" open the chest and test the lung " Since the incident was exposed, public opinions have generally appealed for revising " law on prevention and cure of occupational disease ". But even under current legal system, only adhering to the well-meaning principle relevant unit, the experience that Zhang Hai exceeded is not inevitable. For example, Zhang Hai exceeds one of the greatest difficulties faced in the course of seeing a doctor, it is the former employing unit that refuses to open various identifications. But article 48 of " law on prevention and cure of occupational disease " stipulates: "Occupational disease diagnose, determine, need employing unit offer relevant occupational health and health guard at the materials, the employing unit should offer accurately. " This statement can well be interpreted as the mandatory requirement for the burden of proof of employing unit. In the concrete judicial practice, when the employing unit can't try or give up the above-mentioned burden of proof, subject to the victim's private prosecution and putting to the proof, can well dissolve a piece of sea and exceed the predicament faced. Same is surely of domestic authoritative diagnosis of hospital, defend diagnosis when being each other contradictory with the intersection of Zhengzhou and the intersection of city and duty, the judicial arbitral authority should make the appropriate choice adhering to the favorable to the labourer principle. Supreme people's court stipulates in the judicial explanation of relevant labour laws the most: (labourer and employing unit) Both sides understand to the form contract of employing unit that disputes, it is still undeterminable to combine other evidences, should make the explanation which is favorable to the labourer. If similar judicial good will can be reflected in occupational disease is arbitrated, Zhang HaiChao needn't be forced to at all " Open the chest and test the lung " Solemn and stirring condition.
But what we saw is, one side of department of public health of Henan Province should be facing toward the pressure of higher authorities and public opinion by means of what has been acted speedily and vigorously, but one side takes endures the current law of the dispute to the fullest extent as a basis, clear up the door in the own backyard, can't help making people more to what they managed " Zhang HaiChao " Future destiny worry.With the enhancement of health consciousness, people pay more and more attention to with the life closely bound up health problem, such as the food security, medical treatment is ensured, medical information,etc., healthy life should be from understanding information begins!More excellent health information please enter:News channel
|