On Legal Regulation Of Dying From Overwork

The incidents of "dying from overwork" frequently appeared in the news media,but related legal,rules and regulations and systematic elaboration on "dying from overwork" are actually rarely seen,the legislation is also a blank.In view of this,this paper starting with two cases concerning "dying from overwork",focuses on the legal reasons why "dying from overwork" is raging,elaborates the legal nature of "dying from overwork" in details,and proposes the author's own opinions, then systematically elaborates the principles and legal measures to regulate "dying from overwork".The so-called "dying from overwork",refers to the death situation based on employment.The employing units forced laborers to work in excess of normal working hours and work intensity,which leads to the laborers' lack of necessary rest, so the laborers ultimately become deadly ill because of overwork."Dying from overwork" in essence is a complex social issue with deep-rooted origins and complicated reasons.For legal aspect the reasons are the blanks in legislation,the flaws in Labor Law itself,the difficulties for laborers to start the procedures to protect their rights,the unreasonable allocation of burden of proof in judicial practice and the unreasonable present legal procedures and so on.Besides, other important reasons include the unreasonable rest system of employing units, the absence of government's supervision,the flaws of social security system related to the "dying from overwork" etc.About the nature of "dying from overwork",some scholars advocate that it belongs to occupational diseases,non-occupational diseases,injuries on job,tort and so on.Their respectively correspondent meanings are that "dying from overwork" belongs to the occupational diseases,does not belong to the occupational diseases,and belongs to the injuries on job,injuries due to violations and so on.The author advocates the polymerization theory,which means that "dying from overwork" belongs to the injuries on job plus tort plus administrative and criminal liabilities,and may request the spiritual damage compensations.Because "dying from overwork" simultaneously has the natures of injuries on job and tort,and may also simultaneously pursue civil compensation,tort liability,administrative liability and criminal liability of the employing units.To regulate "dying from overwork" from legal aspect,firstly,two principles should be established.They are the protecting laborers to their advantages principle and the fairness principle.Secondly the existing legal provisions should be modified partially or added:supplementing constitute elements of "dying from overwork" in Labor Law,and expanding the scope of targets of Labor Law,establishing a rational labor work norm system;supplementing the item of "dying from overwork" and its recognition procedures and compulsive enforcement.of workers' compensation insurance in Work-related Injuries Insurance Regulations;explicitly granting trade unions the right to enforce the law in Trade Union Law,letting trade unions display their functions effectively;adjusting the fine standards to employing units on violation of the law to extend the working hours in Labor Security Supervision Rule; revising the distribution of the burden of proof in Code of Civil Procedure:Give green light to workers while identifying the factual labor relations between workers, especially migrant workers and employers.Thirdly,the content of liabilities should be completed.Finally,a specialized labor sanitation and health management authority should be set up.In judicial practice,"dying from overwork" cases can be included in the scope of judicial assistance;the funeral expenses,the victim's fosters or the supported person's life subsidy may be granted first implementation,so as to protect the legitimate rights and interests of laborers effectively.In addition,the country should invest the talented professionals' health,and implement the talented professionals' health monitoring measures to furtherly improve the social security system,so as to reduce and eventually eliminate "dying from overwork" phenomenon.