| With the continuous progress and development of society,the competition for talents is intense,the phenomenon of overwork death occurs frequently,and the public’s awareness of overwork death continues to deepen.In order to achieve rapid economic development and maximize profits,employers will put pressure on workers.In order to be able to complete prescribed work tasks,overtime becomes the norm and bears an excessive workload.This will cause workers’ physical injuries in the long run.It even endangered life and triggered the phenomenon of overwork.Although China’s legal system has been continuously improved,the current "Labor Law" does not clearly stipulate the identification of overworked injuries.Once there is a labor death incident in the society,most are resolved through civil litigation or private consultation,and only a small part can be identified as a work injury in accordance with the provisions of the Work Injury Insurance Regulations.Therefore,due to different judgment results in the same case,the rights and interests of workers cannot be protected in a fair and comprehensive manner,so the practical disputes are very large.Therefore,in view of problems in practice,through theoretical and practical research,we can further think about improving legislation.This article is mainly divided into four parts and the following four chapters:The first chapter analyzes the overwork death concept and the nature of overwork death,and discusses the rationality of overwork death from a theoretical perspective;the second chapter focuses on "overwork death "Work injury identification" is a keyword search case,which summarizes the court’s trial opinions on this case,summarizes the problems in judicial practice,and analyzes the reasons that lead to the different attitudes of China’s overwork death and injury identification.Study and sort out the legislation on the identification of overwork deaths and injuries,and conclude from the legislative provisions of various countries and regions for reference to the legislation on the identification of overwork deaths and injuries in China;The fourth chapter mainly aims at the problems in the second and third chapters.Problems,and put forward concrete and perfect suggestions... |