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The Legal Regulation Issues Research Of "Karoshi"

Posted on:2019-02-10Degree:MasterType:Thesis
Country:ChinaCandidate:F ZhouFull Text:PDF
GTID:2417330545954822Subject:legal
Abstract/Summary:PDF Full Text Request
Nowadays,with the rapid development of China's economy,in order to seek rapid development and maximize profits,employers often give laborers overloaded workload,so that workers must extend their working hours and work intensity to complete the specified tasks.These long-team working pressures will cause many workers to be in subhealth,and the serious people even endanger their lives,which leads to the phenomenon of "karoshi".In recent years,the construction of legal system in China has made great achievements,but the theoretical research on the regulation of “karoshi” is not yet mature,the current legislation only work time,work injury and occupation disease and so on.Because our legal system lacks enough protection for workers,employers can avoid the responsibilities they should bear,which results in the phenomenon of “karoshi”,which seriously endangers the health and life of workers.If not deal with “karoshi” from the legal aspect,the legitimate rights of workers is difficult to get effective protection,the tense relationship between employers and workers is self-evident,which not only seriously destroys the stability and unity of the society,but also is not conducive to the sustainable development of the economy.Therefore,we need to complement and perfect the relevant rules and regulations based on the actual situation of the domestic society.Even,this problem should be carried out in several aspects,such as legislative control,effective prevention and supervision and inspection.In this paper,through summarizing the "Karoshi" phenomenon in our country,analyzes the "Karoshi" problem of lack of labor legislation,tried to use the labor legislation developed in Japan,the United States and China's Taiwan region on the "Karoshi" problem processing experience,put forward suggestions to improve China's legal regulation of "Karoshi".This article is divided into four parts:The first part mainly defines the legal concept of "karoshi" and analyzes its nature,and then discusses the necessity of setting up the legal regulation system of "overworked death".The second part,through the analysis of extraterritorial related systems,draws some inspiration for China to build "overworked death" legal regulation,and provides a reference for our country.The third part makes a combing and analysis of the current situation in China,andfinds out some problems in the legal regulation of "overworked death" in China,which provides direction and guidance for further improving the laborers' protection system in China.The fourth part puts forward some suggestions on the problems existing in the legal regulation system of "Karoshi".Through the identification standard,identification procedure and improvement of handling mechanism and related supporting measures,we aim to improve the legal regulation system of “karoshi” and protect the legitimate rights and interests of laborers.
Keywords/Search Tags:Karoshi, Concurrence work injury and tort, Certification standard
PDF Full Text Request
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