Empirical Analysis On Identification Of Work-Related Injury Caused By "Karoshi" In China

With the rapid development of sharing economy,the problem of overtime work in Internet enterprises is becoming more and more serious.In this paper under the new forms of workers as the research subject,karoshi inductrial injury to be identified as the research object,from the Chinese net to 178 by the written judgment of "karoshi" released the judicial case,most of the cases,can get the court supported the basis of the law is "byelaw of inductrial injury insurance" referred to in paragraph 1 of article 15: "The worker has one of the following cases,inspect with inductrial injury :(1)in working time and working post,break out disease dies perhaps in 48 hours inside classics rescue invalid of death." Through the statistics and analysis of the cases,this paper analyzes the focal points that are controversial in theory and practice.Because this involves the factor more,there is working time,working post,disease death,48 hours,so although there is this "regulations" as the basis of judgment,but this is also the important focus of the laborer injury cognizance and the court of justice appear different views.If the court applies this clause too widely in the judgment,it is bound to increase the burden of enterprises and is not conducive to the development of enterprise enthusiasm for employment.If the court is too harsh in its judgment,it is not conducive to maintaining social fairness and justice and protecting workers’ right to life and health.The author thinks that,to the understanding of the lawful rights and interests of workers more scientific and reasonable protection in judicial practice,can not jump the existing objective basic conditions,blindly carried out in accordance with the theory,also not rigid to law every word,no achieve mastery through a comprehensive,only to break the law,and fully respect the objectivity and authenticity,Only in this way can labor law be used to protect the legitimate rights and interests of vulnerable groups of workers so as to ensure the long-term stability and development of society and economy.This thesis is divided into four chapters.The first chapter is a theoretical overview of "karoshi" in China,and expounds the legislative evolution of the recognition of work-related injury caused by karoshi in foreign and domestic countries.It is suggested that in order to provide better relief for "karoshi",in addition to the existing "regarded as industrial injury" clause,it is necessary to absorb "regarded as occupational disease" to provide relief for cases beyond the "48 hours" clause.The second chapter is to sort out 178 judgment documents published by people’s courts at all levels of Our country,conduct a full sample empirical analysis of178 cases,find the existing problems in judicial practice,highlight the significance of this paper for academic research.The third chapter is an example and analysis of the problems existing in the judicial practice of "karoshi" in China: there is no clear legislation of "karoshi" in the identification of "karoshi" work-related injury and the narrow scope of protection of "identification of work-related injury as";The problems in the process of litigation include the distribution of burden of proof and the deficiency of "karoshi" identification.Lack of labor security supervision.The fourth chapter is to analyze the problems raised in the third chapter and make suggestions:improvement of the identification of work-related injury caused by "karoshi" : Clear "regarded as inductrial injury cognizance standard of" refined "48 hours" system of standards and occupational disease to absorb the expansion of "karoshi",need to activate "as an occupational disease" as a guarantee of out terms,to work on "karoshi" listing correlation disease,improve the appraisal procedure of medical institutions,and strengthen labor regulatory relief for subject position.