Legal Regulation. "karoshi"

Currently, the country is trying to build a socialist harmonious society and the rule of law society, but the increasing labor disputes have become discordant notes. Workers and employers tension has reached an unprecedented level, "Overwork Death" issue is the intersection of employers and employees embodies contradictions, and becoming a hot issue increasingly."Overwork Death" first appeared in the 1960s and 1970s in Japan. In recent years, China has also rapidly spreading trend, the reason there are at least the following three aspects. First, the employers factors. Along with the rapid socio-economic development, employers force workers overtime laboring, in a certain period of time so that it can receive economic interests, and gain competitive edge in the market. Secondly, the workers themselves factor. Regardless of the social pressure, or subjective self-improvement needs, to a certain extent, it contributed to "Overwork Death" phenomena. Third, the social factors. The sustained rapid economic development in China's social development has brought great vitality, but it also has brought inevitable kinds of contradictions and problems, "Overwork Death" is one of them.Then, in the end what is "Overwork Death"? "Overwork Death" is not a strict sense of the legal language, our country is not for "Overwork Death" special provisions. In light of China's national conditions, in my view, "Overwork Death" refers to employers violating the "Labor Law" stipulates that excessive forced laborers bear the heavy labor, violations of their right to rest, arbitrary working overtime, and then causing the death of workers .Specific include: first, the fact of employers illegal. Secondly, the workers "fatigue" facts. Third, the death of laborers and "fatigue" there are a direct causal relationship. Then, who should be on the workers "Overwork Death" responsible? For the "Overwork Death" nature of the liability issue, the author agrees that it includes the industrial injury insurance and civil responsibility , for the dual attributes, the two co-exist, complement one another.At present, China's laws and regulations have not "Overwork Death" issue specific regulations, and the existing laws and regulations in adjusting the "Overwork Death" issues on which there are many problems. First, China's existing laws and regulations is in failing to "Overwork Death" special provisions. Second, if the "Overwork Death" applicants "injured" ,it exists theoretical and practical difficulties. Third, China's current "Labor Law" is lack of workability, and can not comprehensive protection "Overwork Death" of workers rights.In light of the above existing problems, the author made the following recommendations: First, from a macro perspective, the adjustment "Overwork Death" issue should adhere to the "Labor Law" weak in the protection of labor law and the principle of the social system overall interests. Second, the words "Overwork Death" should into areas of work-related injuries and compensation for work injuries. Third, give "Overwork Death" workers successor double recovery rights. Not only can be labor insurance compensation, but also by the tort compensation. Fourth, standardization "Overwork Death" 's the standards and order. Fifth, "Overwork Death" should implement the principle of inversion of the burden of proof. Sixth, if the family members of workers "Overwork Death" that the aggrieved, they can directly to the courts."Overwork Death" issue is not just a legal issue, it is a social problem. Dealing with "Overwork Death" is not only need lawyers ' efforts but also need the support and participation of the whole society.