Legal Regulation Of "Karoshi"

With the rapid development of China's economic construction,the people's living standards have been greatly improved,and the social security system has made great progress compared with the past.And with the mutual promotion of the five elements is social competition intensifies,the life pressure,many workers work overload become normalized and causes sub-health state.In recent years,the word karoshi is frequent in newspapers and become a hot topic.Triggered a hot debate is not only over the death itself is inconceivable,people pay more attention to the outcome of the incident follow-up.It is disappointing that the relevant legislation is basically in a blank state,the relevant theoretical research has just started.Karoshi is a serious threat to the lives and health of workers,impede the harmonious development of society,the imperfect legal provisions make it difficult for workers,illegal employers get to escape the responsibility.In the face of frequent karoshi incident,how to safeguard the legitimate rights and interests of workers,how to reduce or even avoid the occurrence of such incidents,it is urgent for us to think and solve the problem.This paper bases on the domestic karoshi issue for the reality of the situation,studying analysis of relevant laws and regulations,on the nature of karoshi identified and imputation principle,relief ways and prevention recommendations and concrete measures are put forward,in order to safeguard the legitimate rights and interests of workers,to realize the effective control of karoshi.This paper is divided into five parts:the first part introduces the "overwork" and "death from overwork" is defined,the characteristics of karoshi,the origin and historical background of karoshi.For be ready to analysis the composition of karoshi.The second part introduces some theories about the nature of karoshi and comments on it,and put forward that the nature of the responsibility of karoshi should be regarded as infringement.The essence of karoshi is the employer violated the right of workers to rest and lead workers died by overwork,the employer shall bear tort liability,adopt the doctrine of presumptive,bear civil liability for the family of the deceased.The third part introduces the current situation of karoshi,which shows that karoshi in our country is serious and needs to be regulated by law,and explain the practical difficulties of using the system of industrial injury to relieve karoshi.From the two angles of social factors,and institutional factors to analyse the multiple reasons of karoshi in China,the social culture,culture of overtime,legal system is not perfect,gave birth to "overfatigue era",resulting in the phenomenon of karoshi.In the fourth part,the author puts forward the idea of regulating the karoshi in the two aspects of the former relief and post prevention.It is clear that the nature of the responsibility of the karoshi is identified as infringement,adopt the principle of fault presumption,the employer shall bear the tort liability.After the construction of the prevention mechanism,improve the rest right legislation,the right to rest as an independent personality rights,a clear violation of the right to rest should bear the tort liability.Perfect supporting security system,strengthen supervision of labor,improve the trade union system,implement the regular medical examination system,improve the social security system,in order to protect the right of workers to rest,to prevent karoshi.