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The Legal Issues Research Of "Karoshi"

Posted on:2015-09-08Degree:MasterType:Thesis
Country:ChinaCandidate:R HanFull Text:PDF
GTID:2296330431486171Subject:Law
Abstract/Summary:PDF Full Text Request
With the rapid development of our country’s economy and the transformation of socialchange, social competition is increasingly fierce. Under the pressure of work and life,some of the workers had to high strength, working load for a long time for a long time,cause health damage, appear even “karoshi” phenomenon. But our country legalresearch on “karoshi” is not yet mature, more not form a system of legal system. Due tothe lack of legal regulation, unit of choose and employ persons for its economicinterests, unscrupulously raise workers’ working intensity, extend the working hours,cause laborer “karoshi” phenomenon occurs, an exhausted and die of the relevant rightsand interests of workers cannot get safeguard and the relief.This article embarks from the status quo of “karoshi” in China, through the analysis ofthe concept and legal nature of “karoshi”, introduced the United States and Japan for“karoshi” problems related regulations, inductive “karoshi” legislation present situationin our country and discusses its legal flaws, finally put forward the concrete Suggestionsof regulating “karoshi”, hopes to effectively control and prevent “karoshi” phenomenon.This article is divided into four parts, the first part analyzes theoretically the right death,this paper discusses the concept, legal concept and legal nature of the medicine. Mainlyanalyzes the legal concept and legal nature.“Karoshi” definition consists of threeconditions, one is unit of choose and employ persons is a serious violation of labor lawsand regulations; Second, the laborers in labor law beyond working hours and theintensity of labor under the condition of long-term work; Three is due to the results ofthe two reasons led to the deaths of laborer. In view of the legal nature of “karoshi”, themain theory of legal science in China are "occupational disease","said inductrial injury"and "tort", and this article views for inductrial injury with the concurrence of tort,“karoshi” both inductrial injury nature, and nature of infringement.The second part introduces the foreign right die processing experience. Through theintroduction of Japan and the United States for “karoshi” related laws and regulations,summarized its regulation and prevent “karoshi” worth our using for reference ofexperience in the system.The third part sums up the present legislation in our country about “karoshi”, analysesthe legal defects of “karoshi”, mainly from the scope of industrial injury, the work quotastandards, unit of choose and employ persons the legal liability, administrative law enforcement of the labor inspection department functions, such as trade unions role playfive aspects to discuss.The fourth part is the author of “karoshi” legal perfection and development ofcountermeasures. The author thinks that should first solve “karoshi” afterwards reliefmechanism of reasonable expand the scope of industrial injury, make sure the workquota standards and clear unit of choose and employ persons the right death bear legalresponsibility. The second is to build the beforehand prevention system of “karoshi”:perfect the labor inspection department law enforcement, strengthen the union.
Keywords/Search Tags:Karoshi, Later Relief, Advance the Preventio
PDF Full Text Request
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