Analysis On The Judgment Of Mental Damage Suffered By Workers In The Workplace In China

China has long regarded economic development as the work center,and accumulated a lot of value rapidly,and at the same time,the disadvantages of market economy are more and more reflected.Especially,the fierce competition leads to the high intensity and high pressure internal characteristics of the working mechanism and workplace culture.The workers in China are facing difficulties such as too long working hours,high intensity of work,lack of structural ways to confront employers,lack of supervision over the relationship of workplace power,lack of attention to the mental health of workers and absence of preventive protection measures for mental damage at the national level,which makes the mental health problems of Chinese workers particularly prominent.In China,the system of compensation for mental damage has been established initially,but it has many imperfections.On the one hand,the discrimination of legal system and concept is not enough,and the definition of mental damage is too narrow,especially the judicial inertia that defines the spiritual damage as it must rely on the damage of personal rights and interests without recognizing the independent pure mental damage.On the other hand,the specific field of the provisions on the identification of mental damage is too few and not operational.Even the existing provisions,often directly stipulate a certain behavior or result can claim compensation for mental damage.In the causal analysis,it is also often based on a presumption that"such behavior must or may cause mental pain",and the act is a presumption that such behavior must or may cause mental pain Whether it really causes mental damage,the relevant analysis methods and the burden of proof are basically zero.The lack of theory,especially the method,makes it difficult to extend the system of mental damage compensation in our country except for the circumstances expressly stipulated by law,which leads to the failure of the mechanism of compensation for mental damage in China.In fact,the characteristics of spiritual damages determine that it must be combined with the legal system in specific fields.There are many difficulties in the judgment of mental damage,mainly because the occurrence of mental damage can not be directly observed,and the ways of causing mental damage are also complex and diverse.There are not only obvious acts of violence,but also hidden acts of hostility and isolation,not only one-to-one infringement,but also many people involved in the infringement.According to the different forms and ways of tort,this paper divides the types of workplace mental damage into two categories:overwork and workplace aggression.Overwork refers to the influence of pure labor on the mental health of workers,while workplace aggression refers to various types of intentional violations in the workplace.Taking the constituent elements of tort liability as the analysis template,this paper analyzes from the perspectives of tort,damage consequence,subjective fault and causality.For the mental damage caused by overwork,we should judge whether the employer has let the workers fall into overwork through time,intensity and pressure.For the judgment of the consequences of mental damage,through the research and support of psychology,medicine and sociology,the state should formulate a scale for the types of mental damage behaviors and their corresponding evaluation levels,The traditional theory of equivalent causality is difficult to deal with the cause and effect judgment of mental damage,so the important condition theory should be introduced to further solve the problem of causality judgment.Compared with overwork,workplace aggression has strong personal characteristics,which makes it more difficult to judge.The mental damage caused by workplace aggression should be comprehensively analyzed with the power structure review as the core.At the same time,considering that the burden of proof of the injured party is too high in civil tort litigation,a considerable part of the spiritual damage tort is excluded from the scope of relief.We should learn from the experience of more advanced countries in the protection system of mental health of workers,and include the mental damage in the workplace into the scope of work-related injury insurance,which can greatly improve the possibility of workers’ compensation,and on this basis,retain the right of workers to file a lawsuit against the specific tort liability.