Legislative Research On The Identification Of Work-related Injury Caused By Overwork In China

With the continuous development of our national economy,the social competition,and compete,the supply of labor to keep up with the demand of the society,the society needs a large number of talents of filling,and when these people at the time of unit of choose and employ persons to create interest,is faced with some unseen potential dangers,such as the deterioration of working conditions,heavy work task,great work pressure,etc.,The potential risk of the most intuitive performance is reflected in the labor force on the body,may lead to many physical diseases,such as work may be in contact with toxic and harmful substances and cause of disease,caused by overwork,diseases such as hypertension,myocardial infarction,and even depression disease caused by work pressure is too large,When workers’ negative emotions accumulate for a long time,it will often produce serious consequences--"death by overwork" or "suicide by overwork".Today,the phenomenon of "death by overwork" is becoming more and more serious.The phenomenon of "death by overwork" has been extended to all walks of life.How to solve it and how to relieve it is the top priority of current research.Our country’s society are in a critical period,the reform of the enterprises are in survival mode and management mode,in addition,the continuing growth of house prices continue to rise,prices,medical care,study hard,difficult employment and so on social problems emerge,laborer can only choose to work so hard to cope with the rapid economic development under the pressure of life.If this development continues,the contradiction between labor and capital will become more and more prominent,which is the social reason for the emergence of "death by overwork".At the same time,"death by overwork" is not only a social problem,but also a legal problem.Only by studying and analyzing it from the perspective of law can we provide authoritative legal protection for workers.The writing idea of this paper is as follows: First is through the analysis of the concept of "karoshi" and nature,mainly expounds the four point of view of the domestic,the second is through the case study of "karoshi" domestic status quo,and raises the necessity of "karoshi" industrial injury,Japan,the United States is analyzed again about "karoshi," the study of the theory of the industrial injury and enlightenment for our country,Finally,from the legislative aspect,the identification standard of "death by karoshi",the improvement of industrial injury insurance system,and the establishment of "death by karoshi" industrial injury identification institutions and identification procedures.