On The "Death By Overwork" Injury Relief In China

With the rapid development of the socialist market economy,the competition between enterprises is becoming more and more fierce,and the psychological and physical pressure brought by high-intensity work is increasing day by day.Today,the phenomenon of "karoshi" has penetrated into all walks of life.Especially in recent years,the number of "karoshi" cases in China has increased sharply,and the trend is young,white-collar and high-tech."karoshi" is undoubtedly an urgent issue to be solved in the current society.High-intensity work poses a serious threat to the lives and health of workers,while employers can avoid relevant responsibilities at a lower cost.This phenomenon is not conducive to the orderly development of the market economy and the protection of the legitimate rights and interests of workers.When "karoshi" happens,it is worth thinking over and solving the problems such as according to what laws to safeguard workers' rights and interests,and how to improve specific identification standards and compensation measures.Unfortunately,the relevant legislation is still in a blank state and has not formed a systematic and perfect guarantee system for laborers.As a result,similar cases frequently occur,courts often fall into a situation that cannot be relied on,and the protection of rights and interests of relevant subjects also falls into empty talk.Therefore,to realize the legal relief of "karoshi",the first problem to be solved is its legal nature.At present,in judicial practice,part of the court from the perspective of infringement to be identified;Another part of the court from the Angle of injury to be identified;In addition,the court has supplemented itself with the principle of equity in civil law.The legal nature of "karoshi" is also controversial in Chinese academic circles.First,Consider it an occupational disease;Second,civil tort by analogy;third,it is to regard as inductrial injury;Fourth,referring to criminal sanctions.The author thinks that "karoshi" accords with the general characteristics of industrial injury,and suggests that it should be classified as industrial injury and included in the industrial injury security system.Inductrial injury insurance can make those who harm assume socialization,the economy loss that compensates laborer already,reduced the rescue burden of unit of choose and employ persons again."karoshi" is applicable to the path of industrial injury relief,which can reflect the law's strong protection of vulnerable groups.Unreasonable standard of "death within 48 hours";"Three work standard" is too strict;"Overwork suicide" circumstance is excluded inductrial injury to maintain etc.At the same time,the defects of legislation lead to the court to give full play to the subjective initiative in the recognition of standards and the understanding of the burden of proof,resulting in different difficulties in the judgment.In terms of extraterritorial legislative experience,Japan,in terms of identification criteria,combines the accumulation of excessive fatigue and overworked hours,and takes the fatigue level of the victim in the first six months before death into consideration.There are two standards in the United States: the objective causality principle and the abnormal pressure principle.In addition,the Taiwan area of our country will "overwork death" compare with occupational disease to undertake relieving,and make limitation to working time.Finally,in order to improve China's "karoshi" work-related injury relief,the author puts forward the following legislative Suggestions: on the one hand,the legal concept of "karoshi" should be clarified and included in the scope of industrial injury,and article 15 and article 16 of the regulations on industrial injury insurance should be modified and refined.On the other hand,the recognition system of "karoshi" in China should be constructed and corresponding compensation measures should be improved from the aspects of the establishment of identification standards,procedures,the establishment of identification institutions and the distribution of burden of proof.