The Compensation For Damages Research Of Karoshi

At present, our country laborer excessive labor phenomenon is serious, and "karoshi" cases occur frequently. The lawful rights and interests of workers have been harmed. But seriously, we find that "karoshi" is still in the relief in the law which could not be in accordance with the state. It was only close to the rights of rest and occupational safety and security. But these are not enough to reach the purposes of relief and prevention. Thus, the author discusses two modes of karoshi damage compensation system between the injury and the tort. In order to build and perfect the practical compensation system, this article argues that karoshi should be included in the work-related injury insurance system.This article has been divided into five contents. The introduction part briefly expounds the causes of karoshi problems. It also introduces the significance of the research. The first chapter through the analysis of the related cases of karoshi, points out the necessity of karoshi regulation, to clarify the concept and constitutive requirements of karoshi. The second chapter discusses the law that closely related to the karoshi and points out the shortage of legal regulation. Then find the academic controversy. The third chapter bases on the injure pattern. It also explores difficulties and obstacles that occured in the application of industrial injure insurance. The fourth part starts form the perspective of the tort, in order to determine the elements karoshi infringement. According to compare different damages systems, the fifth part reflects the karoshi damages system. I agree that karoshi meet the characteristics of injuries and comply tort features. But in the way of remedy, I prefer to choose the injure system. Based on the construction of karoshi injure system, we can clear the karoshi standards. So we can achieve the purpose to protect the laborers’rights.