Study On The Legal Regulation Model Of Karoshi

In today’s highly developed market economy,the life of an enterprise lies in the creation of benefits against time.Behind the excessive pursuit of profits,with the extension of labor time and increase of labor intensity,the phenomenon of "overwork death" has resulted.This violates the requirement of balancing efficiency and fairness in China’s economic development,and is not conducive to the construction and stability of a harmonious society.Our country’s relief for "overwork death" is mainly based on work injury insurance liability,supplemented by tort liability.However,a large number of facts of the case are inconsistent with the constitutional elements of statutory liability,and many victims have not been effectively relieved.The purpose of writing this article is to explore the legal regulation model that reflects the idea of protection of the weak to better reflect the fair and just value of law,based on the obscurity or lack of the legal protection mechanism of the "overwork and death" legal protection mechanism.First,this article will analyze the etymology and background of the word overwork death,and illustrate the universality of overwork through domestic and foreign cases.When Chinese law responds to this social risk,the legislative concepts and legislative techniques are all lacking.Secondly,combing the judgment documents in China’s judicial practice,there are two ways of work injury insurance liability and tort liability.Due to the recognition criteria of the constituent elements,the problem of "overwork death" being included in the scope of relief is limited.Then,using the method of institutional performance evaluation in law and economics,taking the social cost minimization as the standard,the social effects of the two legal paths of industrial injury insurance liability and tort liability are evaluated,and the effects of industrial injury insurance liability are better obtained by combining the various factors.Finally,from the perspective of legislative theory and legal doctrine,re-interpret the "three-worker principle",causality,and overworked technical standards in work injury insurance,and make suggestions for the reform of the existing system.