Legal Relief Research On Karoshi In China

Under the influence of various factors such as national system,social culture and personal pursuit,Chinese laborers actively or forcefully undertake overloaded and long-time work.These excessive labors have caused serious health crisis in the workers' bodies.In severe cases,there is even a phenomenon of Karoshi,and this phenomenon is not uncommon.It not only causes material and mental damage to the families of labor victims,but also causes human resources losses to the state and employers.It reduces the competitive advantage of the employer and is not conducive to the harmony and stability within the country.Therefore,how to timely and effectively prevent and deal with the problem of Karoshi has become an urgent task for us.However,since there is no special law in China to deal with Karoshi,It is particularly difficult for judges to handle such cases in the judicial process,and many workers' rights and interests cannot be effectively protected.It is difficult for the victim's family to defend their rights too.Therefore,the author starts from the judicial practice of our country,and combines the theory and system research on the related issues of Karoshi at home and abroad,analyzes the connotation of Karoshi and the related systems in China.We try to seek a reasonable solution from all aspects of legislative control,procedural improvement,and inspection and supervision.The main contents of this article are as follows:The first part analyzes the connotation of Karoshi and its legal attributes,and compares the different opinions of scholars on the doctrine.Finally,I combined their views to illustrate my ideas.The second part is starting from the judicial practice of infringement compensation of Karoshi.By analyzing the legal basis for the application of the Tort Liability Law and the application of the Tort Liability Law,explain the practical dilemma and its causes in the determination of tort liability in the case of Karoshi.The third part is starting from the judicial practice of compensation for work injury of Kaorshi.By analyzing the legal basis for the application of the Regulations on Work-related Injury Insurance for Karoshi and the relevant restrictions on “work injury” in the Regulations on Industrial Injury Insurance,explain the feasibility and limitations of obtaining relief through “work-related injury insurance” for Karoshi.The fourth part mainly analyzes the current legislative status of Japan and South Korea on issues related to Karoshi and the relief measures before and after.And from this,I can draw useful experience in the legislative relief of Kaorshi.The fifth part puts forward relevant suggestions for perfecting the Karoshi relief in China.It is clearly proposed to include Karoshi in the scope of work injury and enjoy the work injury insurance benefits.At the same time,through the improvement of the relevant regulations of the Work Injury Insurance Regulations,the work injury relief is promoted.And the formation of the “work injury relief” as the main,the infringement compensation supplemented by the relief pattern,and thus the overwork related phenomena can be timely curbed.In addition,in view of the lag of Kaorshi after-the-fact relief,this paper emphasizes the importance of ex ante relief,and effectively prevent and control the occurrence of Karoshi by legally controlling violations of laborers' rights.