Research On Legal Regulation Of "KAROSHI"

To protect the rights and interests of workers in the labor market is essential defense for a healthy and harmonious development of labor market. But because the legal regulation of laborer’s rights and interests in China starts so late, develops slowly, and far lags behind the pace of social and economic development, this defense is often in self-defeating embarrassment. However legal regulation of worker "KAROSHI" problem in China is in the periphery of the defense. In the background of "the era of rule of law", the Research on the legal regulation of "KAROSHI" not only can enhance the theoretical basis of research on "KAROSHI", but can prevent and relief "KAROSHI" in practical operation.In this paper, the research on the legal regulation of "KAROSHI" consists of four parts:The first part is "KAROSHI theory analysis". By briefly stating the concept, characteristics and legal nature of "KAROSHI", we have a basic theoretical knowledge for "KAROSHI" and also identify the current status of the theory research about "KAROSHI" in China-neither unified concept of "KAROSHI", and no uniform definition of the nature of law. The research on KAROSHI "localization" in China is still in initial stages. The second part is "the status of KAROSHI in China and lack of regulation of the law". Through the suspected "KAROSHI" events listed in the last two years, and the phenomenon of workplace fatigue investigation data, we can verify that "KAROSHI" issues in Chinese current situation have a close relationship with the lagging legal regulation. The third part is "The foreign systems and experiences". The author briefly describes Japanese "KAROSHI" standards of identification and control mechanisms, as well as the United States legal values in the fight against "KAROSHI" issue. The two countries provide valuable experience for our "KAROSHI" problem in identification, prevention and treatment. The fourth part is "perfecting the legal countermeasures of KAROSHI in China". Through the explain of theory, affairs and experiences in the former three chapters, this part further analyses how to improve our "KAROSHI" legal countermeasures:the fundamental rule by legislation. Through the improvement of existing legislation and integrating "KAROSHI" into industrial injury relief, "KAROSHI" will have law expressly guarantees; By improving the social security and other supporting systems, making the "KAROSHI" prevention has a viable institutional constraints.