Karoshi Suicide's Identification And Legal Regulation Research

A few days ago,the 72 nd World Health Assembly reviewed and adopted the 11 th Revision of the International Classification of Diseases in Geneva.It believed that "overwork" is a chronic disease,which is the first time that "overwork" has been included in the international disease category.It can be seen that "overwork" has become a global phenomenon,and in our country,"overwork" is even more serious.Serious overwork will lead to "overwork death" and "overwork suicide".Compared with more sudden events such as "overwork death",the "overwork suicide" is more special.If the mental depression of workers can be discovered earlier,taken seriously and treated,the early "overwork suicide" can be prevented and the tragedy of suicide can be completely avoided.From "Foxconn's Serial 14 Jumps" ten years ago to the depression and suicide of Jingdong employees and Changan Ford engineers today,"overwork and suicide" have occurred frequently in our country.Survivors of workers who "died from overwork" may also be able to provide relief through medical insurance and other means,while survivors of workers who "committed suicide from overwork" are difficult to find a direct legal basis for claiming compensation.And now the "996" mode of work is on the rise,which has greatly tested the physical and psychological endurance of workers.At present,there are nearly 100 enterprises listed in the "blacklist" of overtime culture,including the well-known Huawei,Alibaba and Baidu.According to a survey by the All-China Federation of Trade Unions,more than 20% of workers work 48 hours a week,but less than half of them can get full overtime pay or the chance to take a rest.Workers' right to rest is not guaranteed.They have to be on standby at all times after work through communication tools.Their spirits are in a state of tension for a long time.Their life and work cannot be completely separated,and the paid vacation system is difficult to implement.Some enterprise trade union organizations exist in name only,with the elimination system at the bottom and the indifferent enterprise culture.Workers are under great mental pressure all the time.But negative emotions cannot be relieved.This paper studies the relevant legal regulations of "suicide through overwork" in the United States,Japan and Taiwan,hoping to learn from relevant beneficial experiences from the perspective of comparative law and affirm the industrial injury attribute of "suicide through overwork".At the same time,our country should legally expand the content of the employer's safety care obligation,so that the families of the victims can demand the employer to take responsibility for the violation of the safety care obligation.Survivors of workers who "commit suicide through overwork" can seek dual relief from work-related injuries and infringement.On the one hand,this will enable victims to receive more adequate compensation.On the other hand,it will enable employers to really pay attention to the physical health and mental state of employees and reduce the occurrence of "suicide through overwork" from the root.However,due to the complexity of "suicide through overwork",there are certain theoretical and practical difficulties in incorporating civil remedies for work-related injuries or seeking infringement.There is no legal support in our country,and the identification of causality and the allocation of burden of proof are unavoidable difficulties in practice,which still need in-depth research and continuous exploration in practical operation.At the same time,it is equally important to establish corresponding preventive countermeasures.From the source to reduce the occurrence of "suicide through overwork" phenomenon,so as to achieve the "two-pronged approach" of prevention in advance and relief afterwards.Such as improving the social security system,adjusting basic wages and working hours,forcing "paid leave",actively playing the role of trade unions,expanding the authority of labor supervision departments,improving the working environment,establishing a "overwork" rehabilitation mechanism.