| Under the dual background of the socialization of individual competition and the globalization of national competition,workers are suffering from the transitional pains of excessive working hours,work intensity and pressure.The tragedies of overwork and even "Karoshi" frequently appear in the newspapers,causing widespread concern and fierce debate in the society.However,the severe "Karoshi" situation has not attracted enough attention from legislators,and it is difficult for the current legislation to achieve effective legal regulation.A large number of "Karoshi" cases in judicial practice are facing the legal dilemma of treating the symptoms and not solving the problem or even difficult to relieve.Facing the challenges posed by severe reality,the law should respond positively and effectively to this growing social problem.Based on this,this paper focuses on the legal nature,status quo,reasons and system construction of "Karoshi",and attempts to provide the necessary direction and path exploration for the legal regulation of "Karoshi".This paper comprehensively uses the methods of case analysis,literature research and comparative research to try to fully discuss and analyze the phenomenon of "Karoshi" from five dimensions.The first part is the introduction,this part elaborates the background,the theory and the practical significance of the author’s research on "Karoshi".Then,it summarized the research status at home and abroad,the research methods of this paper and its innovations;The second part is the first chapter,this chapter first introduces the origin and development of "Karoshi",and then introduces the definition of the concept of "Karoshi" at home and abroad.On this basis,expound the classification and concept of "Karoshi" in this paper.Then,starting from the three main theories of "work injury(occupational disease)theory","tort liability theory" and "criminal sanction theory",they respectively introduced domestic cognitions and differences on the legal nature of "Karoshi".Finally,point out the hidden provisions of the Work Injury Insurance Regulations on "Karoshi";The third part is the second chapter,this chapter first introduces the judgment statistics and analysis of "Karoshi" cases in the past five years;then introduces the introduce the results of the those case and the court’s handling methods;and then starts from the three aspects of legislation,law enforcement and justice.Put forward the main problems faced by the "Karoshi" judicial adjudication;The fourth part is the third chapter,this chapter first analyzes the necessity of the legal regulation of "Karoshi" from four perspectives,and then analyzes the legal regulation of "Karoshi" from the three aspects of law enforcement which are the law enforcement,the justice and the status quo;Finally,based on the analysis of the status quo,correspondingly,from the perspectives of legislation,law enforcement and justice,the main reasons for the legal regulation of "Karoshi" are analyzed accordingly;The fifth part is the fourth chapter,this chapter starts from the three angles of legislative overview,causality standard and administrative law enforcement.Then briefly summarize the experience from the perspective of legislative process,causal relationship evolution and administrative law enforcement,and provide reference for the improvement of relevant systems in our country;The sixth part is the fifth chapter,this chapter starts from the three dimensions of establishing and perfecting the "Karoshi" law and regulation system,improving the law enforcement of the "Karoshi" law and the construction of judicial paths,and proposes the legal regulation of "Karoshi" Systemized recommendations;... |
