人权视角下“过劳死”问题法律再探讨

A Discussion on the Legal Issues of “Karoshi”from the Perspective of Human Rights

"过劳死"侵害了劳动者包括休息权在内的基本权利,但在现行制度体系内却无法找到有效的保障路径。"法律用惩罚、预防、特定救济和代替救济来保障各种利益",因此,在社会的需求、医学技术的发展等基础之上,借鉴先进的立法经验,逐步构建和完善"过劳死"法律保障体系,是人权保障的体现,也是社会和谐的基本要求。

＂Karoshi＂ as one of the occupational health and safety issues is increasingly arousing public atten- tion, but the lack of the legal system has caused some problems which can not be solved effectively. In this pa- per, based on the legal discussion of this issue, and through current legislation from the perspective of human rights, the author analyzes the legal position of ＂Karoshi＂, points it into the plight of injury adjustments, and in the legislative area basis, through pre-prevention and post-defense to make recommendations on ＂ karoshi＂ problem ,which is the experience of Japan and other countries.