| Overwork death is a hot issue in the field of labor relations at present.Our country is in the critical period of industrial structure upgrading and social transformation.Overwork load and pressure become a common phenomenon in many industries,and the phenomenon of labor death is becoming more and more prominent.Due to the complexity of labor death itself,there is no research on the related concepts,standards and damages of labor security in China at present,and there are no direct legislative provisions on labor security laws and regulations.The study on the legal nature of overworked death is also relatively simple,the existing labor laws and regulations system cannot properly solve the problem of overwork death.In view of this,the author analyzes the theoretical research and legislation status of overwork death in foreign countries.At the same time,on the basis of the defects of the legal regulation of overwork death in our country,the study on the legal definition of overwork death in the foreign countries such as Japan,South Korea,the United States and Taiwan,as well as the research on the theory of compensation for damages.From the point of view of practical demand,the feasible path of legal regulation of overworked death is put forward.Focusing on the main theories about the nature of overwork death and the applicable mode of compensation for compensation for overworked death in China,this paper probes into the mode of legal treatment of the competing compensation for compensation for overwork death in our country.According to the different circumstances of overwork death,different legal models of compensation for damage should be adopted.This paper analyzes the standard of compensation in the case of overworked death from the existing provisions of Industrial Injury Insurance regulations,and focuses on the scope of the main body of the claim and the order of distribution of the claim for compensation for the death of overwork under the mode of compensation for tort damages. |
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