The Criminal Regulation Of Karoshi

Industry is a traditional Chinese virtue, we are continuing to uphold this good tradition and our nation is rising as a shining star on the international stage. Especially in the recently years, we stand at the same level with the developed countries to guiding the word economy. In the process, to keep competitive, many unreasonable patterns emerged. The fast the economy develops, the more time the workers devote. Korea and Japan are the traditional countries with serious overtime culture. But according to Korea Economy report, the work time in china has exceeded Korea and Japan, thus became the country with the longest work time in the word.With the development of economy,"Karoshi", the special phenomenon in Japan emerged in China and is becoming more and more serious. It appears more frequently in the media like the internet and the newspaper. From professors in the universities to elites in the enterprises and ordinary workers in the companies, from young generation to backbone workers of the society, all of them are engulfing by the death form overwork. At this time, it’s especially important to regulate Karoshi by law.But is Karoshi an occupational disease or work-related injury, or tort? There are no definite regulations for Karoshi in the law, or consistency among scholars. The author of this paper holds the view that it’s good to regulate Karoshi in the labor law by amending the law. But it’s not enough to regulate this just by civil or administrative compensation. In the present laws, the labor law already has perfect regulations for work time,8hours a day and no more than44hours a week. The employers should make sure the workers work less than3extra hours every day and no more than36extra hours every month. However, in the practice, many occupations like police in the basic level work11-15hours each day and rest for one day every three weeks. And it’s not rare to work24or48hours successively.As police is a special public occupation and also one of the occupations most like to have Karoshi. Karoshi has become the leading death of police. The long working hours happens in China, what about the situation in other countries? Policing is a national occupation as well as an international occupation. This paper consists of five chapters, elaborates policing in China and the United States, compares overwork and the reasons in both countries, explains the necessity of criminal law regulation, the legal status of Karoshi and the way to regulation Karoshi. The paper compares the working hours of China and the United States by a series of graphs and tables, and finds that both of the two countries are facing the same overwork and Karoshi caused by long working hours. Based on this recognition, the paper does some research on Karoshi and concludes that as Karoshi has threatened the life of the people, we should contain Karoshi in the regulation of criminal law. This paper discusses the related procedures and rationality.