An Empirical Study On The Legal Regulation Of "Karoshi Death"

With the transformation of economic structure,the service industry has emerged with a sudden rise,and the competition in all walks of life in the social market is fierce,resulting in overtime working has become a normal situation."Karoshi" occurs when workers work overtime with high intensity and high pressure for a long period of time without adequate rest.Karoshi,or death from overwork,has become the number one killer and needs urgent attention.But in view of this problem,our country started late and research is not mature.The academic community has inconsistent cognition on the issue of "karoshi".The concept of "karoshi" is controversial continuously,and there are many theories about the legal nature of "Karoshi".Until now,there is still no clear relief mechanism and path for "karoshi".Starting from the definition of "karoshi",this paper analyzes and sorts out the problems and obstacles in judicial cases,combines with existing theories and puts forward corresponding suggestions for improvement,in order to solve the dilemma that "karoshi" cannot be based on in real life and promote the perfection of legislation.To maintain benign and harmonious labor-capital relations and promote the stable development of society.Through the analysis of the concept definition and constituent elements of "karoshi",it can be found that there is not a conceptual conclusion on "karoshi" at home and abroad,which has laid the foundation for "Karoshi" to produce a variety of legal nature theories.The tort theory is difficult to get relief because it is difficult to prove the four constituent elements of the tort.The occupational disease theory is biased because it does not meet the characteristics of occupational disease;The theory of industrial injury liability cannot fully protect the rights and interests of workers because of the low relief amount of industrial injury insurance.The theory of criminal sanction is abandoned because the punishment is too severe;Only the theory of industrial injury tort can not only prevent workers from getting double benefits but also fully protect workers’ rights and interests,based on this point of view.Through the analysis of cases in judicial practice,it can be known that in practice,because "karoshi" does not meet the "working hours,working position and48 hours clause" in Article 15 of "Industrial Injury Insurance Regulations",it cannot be identified as an industrial injury.After not getting industrial injury relief,the victim’s family will turn to seek tort relief,but the road of tort compensation is more difficult.Because it is difficult to prove the enterprise’s "tort,fault,direct and inevitable causal relationship" and other elements,the workers’ families cannot get compensation.Only some court rulings will provide humanitarian compensation according to the principle of fairness,but this is nothing compared with the losses suffered by the victims and loss of life."Karoshi" has the dual attributes of industrial injury and tort.In order to solve the problems in judicial practice,it can provide more adequate protection for workers and avoid their double benefits.The supplementary model should be applied,that is,focusing on industrial injury insurance compensation,taking "karoshi" as a special industrial injury into the protection scope of "Regulations on Industrial Injury Insurance",and supplemented by the establishment of "karoshi" special identification institutions,improve the corresponding identification procedures and standards;With tort compensation as a supplement,establish relative causality standard and reverse the burden of proof.Finally,criminal sanctions should be taken as the bottom line to curb illegal labor behaviors of enterprises and increase illegal costs,so as to maintain stable and harmonious social relations.