On The Legal Regulation Of "Karoshi" In China

With the increasingly fierce social transformation and market competition in China,the phenomenon of "Karoshi" has occurred frequently.There is no clear legal system for"Karoshi" in our country.The existing legal system cannot provide legal relief well,nor can it play an effective preventive role for "Karosghi".Based on this,the author explores the legal regulation of "Karoshi" in China and puts forward suggestions for perfecting the legal regulation of it.The main content of this paper is:the introduction part expounds the status quo of"Karoshi" and the lack of legal regulation in China.The first part explores the concept and legal nature of "Karoshi".The second part analyzes the legal causes of current frequent"Karoshi".The third part sorts out the legal regulations of "Karoshi" in Japan and the United States,which puts forward the reference significance for China.The fourth part proposes the feasible advice for legal regulation that based on the above analysis.The basic and innovation point of this paper is:when exploring the concept of"Karoshi",it is clearly stated that under the circumstance of voluntary overtime,it is not premised on the illegality of the employer,but should include suicidal behavior of overwork."Karoshi" should be a work-related injury,which should be included in the work injury insurance system and refines the constitutive elements and identification procedures of "Karoshi".At the same time,it is necessary to construct a preventive mechanism of"Karohi",that is,to improve China's working hours system,labor inspection system and trade union supervision system.