The Legal Regulating Of The Problem Of "Karoshi"

China is currently under a period of social transition, and our society has met many opportunities as well as ushered some challenges. "karoshi"("overfatigue") dispute is an important issue at the stage. It can be traced back to seventy or eighty’s in twentieth century in Japan. Nowadays, with the rapid development of economy, our country also inevitably encountered the embarrassing problem. As the "karoshi" phenomenon in our country appeared relatively late, the academic study of "karoshi" problem has been very little. Accordingly, our legislation on the "Regulations for karoshi" is blank, resulting in the legitimate rights and interests of laborers lacking effective legal protection when "karoshi" event occurs. At present, properly addressing labor disputes between the two sides, and bringing the "karoshi” into the legislative regulation has been of great urgency. By investigating the present situation of "karoshi" phenomenon in China, analyzing its absence in labor legislation, the author tries to learn from more developed Japan’s labor legislation, the processing experience of USA and Taiwan region, and finally proposes suggestions to perfect our legal regulation in "karoshi" issue.This paper mainly elaborates from the following aspects:In the first chapter, the author focuses on the basic theory "karoshi" problem and introduces the relevant scholars’ definition for the legal conception and factors of "karoshi" problem.In the second chapter the author analyzes the various theories about the legal nature of "karoshi" problem. By integrating main opinions of domestic scholars, the author divides them into the tort theory, occupational diseases, and job injuries. Tort theory holds "karoshi" problem belongs to tort issue; occupation disease claims "karoshi" into the occupation disease category; those in favor of industrial injury list "karoshi" in the work-related injury protection system.In the third part, it explores the background of Chinese "karoshi" phenomenon, the present situation of "karoshi" legal regulation and its defects. This part emphasized the causes of "karoshi" problem from the perspectives of legislative vacancy, the profits-oriented corporate standard and the delay of social security system.The fourth chapter introduces advanced experience of addressing "karoshi" problem at home and abroad. By combining the actual situation of our country, the author hope to findthe solutions to improve our addressing approaches and relevant aws and regulations of "karoshi" issue.Finally, the author put forward specific measures and suggestions to solve these problems, mainly incorporating "karoshi" into the scope of protection of industrial injury. With the former analysis of "karoshi", references from the advanced experience of legal systems both home and abroad, this paper aims to find a way to regulate China’s "karoshi" issue and protect the workers’ legitimate rights, so as to form good labor relations to promote the harmonious development of our socialist society.