The Legal Regulation Research Of KAROSHI

With the sustained and rapid development of economy,China is in theperiod of social transformation. All kinds of unprecedented social changehas injected strong vitality into our society, but also led some aspectsof the social system into the phenomenon of social anomie,such as "socialintegrity is declining, the protection for workers’ rights does not reachthe designated position, the defects of the social security system andthe socialist legal system".These problems increase people’s survivalpressure from different aspects, and various negative phenomena thatincludes "KAROSHI" occurs frequently.The legal regulation of "KAROSHI" is an extremely large and complexproject which cannot be achieved overnight.As the experience of"KAROSHI" is not perfect, China should draw lessons from the relevantexperience of other countries, and gradually perfect our country’s lawsand relevant supporting system on"KAROSHI".This paper is divided into four parts to discuss the problemof"KAROSHI", and the main structure is as follows:The first part, to define"KAROSHI"on the basis of the comprehensiveview, and discuss the legal nature of"KAROSHI", think"KAROSHI"shouldbe included into the scope of industrial injury.The second part, to expound the present situation of "KAROSHI"andemphatically analyze the widespread controversy in society which iscaused by the provisions of the second paragraph of article15of "Byelawof inductrial injury insurance".The third part, to summarize the experience of Japan and US, and thinkChina should gradually perfect the related system through the legislative way considering its own national conditions and the status quo.The fourth part,to tentatively put forward some suggestions on thelegal regulation of"KAROSHI"phenomenon,from these aspects such as "id-entifying criteria,evaluation procedure and organization, respons-ibility and relevant supporting system,etc".