Japan's Legal Relief And Prevention Of Overwork

In recent years, "death from work" is reported on in the newspaper,we can see that the degree of harm should not be underestimated. But China has no legal involved in "death from overwork",so there is no way to "death from overwork" definition,there is no evaluation in these cases is not the death of laborers "death from overwork", but there is no way for relief of "death from overwork".In contrast, Japan's death from overwork phenomenon is serious, so the research of death from overwork has a relatively long history,which is mainly for relief of death from overwork from work-related injury insurance law and civil law, and how to prevent death from overwork have been studied and explored the rich.In Japan, there is no karoshi in this paper, which refers to the death of overwork in Japan, in which the death penalty in the special context is the death or death. The definition of the concept and the definition of the legal nature of karoshi, to provide a theoretical basis for the following relief. According to the definition of karoshi, the death of overwork can be divided into "the heavy load on the work leads to the death of heart and cerebrovascular disease" and "the psychological burden caused by work leads to the death of mental illness". The two in the labor disaster insurance law, respectively, on the brain, cardiovascular disease identified on the business and mental illness on the business identified". First of all, the two parts of the contents of the study, the main content is how to carry out the corresponding labor disaster identification and labor disaster compensation.Next, it introduces the relief of karoshi in civil law. Labor disaster insurance compensation and civil damages compensation is added between Japanese mode (death from overwork laborer can apply for labor disaster insurance compensation payments, may also file a civil claim civil damages, but ultimately obtain compensation or damages cannot exceed the actual suffered damage to the interests of Lv Lin: "industrial injury insurance and civil compensation relationship" [J]. 95"), research. On the basis of which relates to the tort liability or liability for breach of contract to the employer to request damages, as well as the civil damage compensation liability in the profit and loss balance insurance deduction, the applicable practices in Japan for China's practice of industrial injury insurance and civil compensation with reference value.In the prevention of death from overwork, the Japanese people of the "death from overwork"death from overwork, 110 "family" and other organizations of the activities in the prevention of death from overwork and play an important role, and actively promote the formulation of relevant laws of death from overwork. Under the civil power, in 2014 the implementation of the "death from overwork and other measures to prevent Promotion Law" is a special aim to prevent death from overwork and death from overwork: [after the further explanation, refers to the death from overwork or overwork with specified disease,no deaths. The labor legislation, through the analysis of the actual situation and related research, such as karoshi, is committed to the development of policies to prevent karoshi, and take appropriate preventive measures. "Labor safety and health law" is to regulate the labor safety management laws, including on the related laws and regulations to prevent death from overwork, revised in 2005, added the employer must arrange laborer to work long time (after application) to conduct interviews and physician obligations.This paper focuses on the introduction of Japanese death from overwork of legal relief and prevention, hope to be able to sum up experience, to achieve recognition and relief of "death from overwork" rights of workers, but the most important thing is to prevent the emergence of "death from overwork", to ensure the physical and mental health of workers.