"Karoshi" Study Legal Infringement

Phenomenon of “Karoshi” turned up at early1970s or1980s of20th century inJapan, a country with rapid development. As the fast development of socialist marketeconomy,“Karoshi” has emerged in endlessly, and which brought a great negativeeffects. In2000, Shanghai Jing’an District People’s Court accepted and heard a casecaused by death from overwork. Discussion on Death from overwork has become ahot topic around the whole social circles. Social issues caused by “death fromoverwork” have become more and more serious, which influenced a continuous andhealthy development for socialist society and harmonious society in China.Therefore, author of the essay consider that it’s necessary to make a deep andsystematic research on “Karoshi” from a legal degree. The essay is composed bythree parts. It discusses legal issues properties of “Karoshi” infringement on basis ofreason for “Karoshi” and proposes corresponding legal suggest by analyzingsocialist negative effects produced by “Karoshi”. It aims to conduct efficient legalregulation for “death from overwork” issues, promote a harmonious and steadydevelopment of socialist society.Part I: A sufficient declaration for severity of “Karoshi” existing by briefly overviewing current state of “death from overwork” and social issues caused by which. Afurther research on causes of “death from overwork” is conducted by analyzingcurrent status of “death from overwork”.Part II: Discuss concept, key component and analyze legal nature of “Karoshi”from legal perspective.Part III: Explore and research legal nature of “Karoshi”. As regards “Karoshi”property, some scholars consider it involved in occupational diseases; while someother scholars think it is a special industrial injury. In this essay, the author considers“Karoshi” is a kind of infringement. It meets constitutive requirements ofinfringement, so the author defines its legal nature as infringement. Such definitionis benefit for laborers who recommend prosecutions on suit for damage. Part IV: Propose suggests on conducting legal regulation by means oflegislation. The method is to analyze legislation conducted to “recommendprosecutions” in foreign countries and Taiwan of China, borrow some helpfulnessand combine actual situations in China with it.