Study On The Standard Of Work Injury Indentification Of "Overwork Death"

With the development of the socialist economic system in China’s market and the increasingly fierce social competition,China has entered a high-stress society.Young people are under great pressure and busy work.Words such as overwork and overwork are appearing more frequently in people’s lives.High,this has triggered widespread concern and heated discussion on this issue.A number of surveys show that the phenomenon of "overwork death"is becoming more and more serious and younger.However,"overwork death" is not a legal concept in China.The law stipulates that there is no clear definition of "overwork death".When "overwork death" occurs,it will be difficult for family members to take legal measures to claim rights.By understanding the relevant theoretical research of domestic scholars and comparing the different viewpoints of scholars on the legal nature of "overwork death",it is concluded that the work injury theory is more reasonable and feasible,and it is more conducive to protecting labor to identify "overwork death" as work injury.The legitimate rights and interests of the person and soothe the victim and safeguard the legal value of public justice.Therefore,by drawing on the experience of other countries’ relevant laws and regulations,using causality as a criterion to overcome the shortcomings of China’s "Work Injury Insurance Regulations" and respecting the evolution of the "48-hour clause",it is definitely regarded as the practice of occupational injury,in causality On the basis of breaking the scope of occupational diseases,separately stipulate the categories and standards of "as an occupational disease" and provide legal relief for "overwork death".