目的探讨职业病诊断标准溯及力问题,完善职业病诊断标准的正确适用和法律规范的理论依据。方法依据法律溯及力的相关理论与原则,对职业病诊断标准的不同溯及力与利弊进行分析,探讨在我国现行职业病诊断与鉴定制度下新旧职业病诊断标准的适用方法。结果职业病诊断标准更新频繁,但新旧职业病诊断标准的适用缺乏明确规范规定,社会对新旧职业病诊断标准适用的理解存在误区,对职业病诊断与鉴定工作的影响较大。职业病诊断标准属于法律规范,其适用的实质是法的溯及力问题。职业病诊断标准若不溯及既往可能不利于合理保障劳动者健康权益。职业病诊断标准溯及既往体现了社会法的价值取向,但在其适用的同时必须遵循法律法规和相关规范性文件的规定。结论职业病诊断适用诊断时生效的职业病诊断标准,职业病鉴定沿用诊断时适用的标准。 Objective To explore retrospective problems of diagnostic criteria of occupational diseases and to improve the correct application of diagnostic criteria of occupational diseases and the theoretical basis of legal norms. Methods Based on the relevant theories and principles of retrospective law, this paper analyzes the different retrospective and pros and cons of diagnostic criteria of occupational diseases and discusses the applicable methods of diagnostic criteria of new and old occupational diseases under the current system of diagnostic and appraisal of occupational diseases in our country. Results The diagnostic criteria of occupational diseases were updated frequently. However, the application of the diagnostic criteria of new and old occupational diseases lacks clear norms and regulations. There are some misunderstandings about the applicable understanding of diagnostic criteria of old and new occupational diseases in society, which has a great influence on the diagnosis and appraisal of occupational diseases. The diagnostic criteria of occupational diseases belong to legal norms, and the essence of their application is the retroactivity of law. If not retroactive diagnostic criteria for occupational diseases may not be conducive to reasonable protection of workers’ rights and interests. The diagnosis standard of occupational diseases reflects the value orientation of social law retrospectively, but it must follow the laws and regulations and relevant normative documents at the same time. Conclusions Occupational disease diagnosis applicable to diagnosis of occupational disease diagnostic criteria, occupational disease identification used in the diagnostic criteria.