Legal Control Of “Karoshi”

With the rapid development of the economic construction in our country and theincreasingly fierce social competition, labor employment problems occurredfrequently. Long-term overloaded and intensive work causes sub-health state, andeven endangers the life, and it finally resulted in "karoshi". At present, our country’slegal system construction has made great achievements. However, because "karoshi"began to spread in our country only in recent few years, some related research is notmature yet. As a result, the law in our country only gives some provisions on theworking hours, workers’ compensation and occupational disease. There are rare bookson the problem of "karoshi". The study on the problem has not formed system yet.Theory research and practice has not reached a conclusion. The law on control of"karoshi" remains imperfect. The uncertain situation which leads to more "karoshi"makes employers able to escape the responsibility, and causes serious damage to thehealth and life of workers. This article began with concrete examples, and thendiscussed the concept of "karoshi" and the application of law through the analysis ofthe causes and the legal status of "karoshi". At last, the paper learned experience fromJapan and the United States and proposed specific measures in order to effectivelycontrol the "karoshi". This paper consists four chapters. They are the followingparagraphs:The introduction part raised the issue of "karoshi", illustrated the theoreticalvalue of the topic through the description of the relevant background, summarized thepresent research achievements on the problem of "karoshi", and showed the researchmethods and internal logic of this article.Chapter1analyzed the causes of "karoshi" in perspectives of society, employeethemselves, legal situation and legal protection.Chapter2discussed the concept of "karoshi" and applicable legal system whichincluded the occupational disease prevention and control system, civil compensationsystem, industrial injury insurance system. As a conclusion, the chapter established asystem with industrial injury insurance system predominantly and the civil compensation system as complementary.Chapter3introduced the situation and the countermeasures in America andJapan, so that we can use them for reference when dealing with similar issues.Chapter4put forward some suggestions on control system and legislation of"karoshi", which are the application of industrial injury insurance system and laborsupervision system, the improvement of consultation system between the trade unionand enterprise, the enhancement of the criminal protection and social relief.