“过劳死”的日本立法与我国镜鉴——兼及对我国《工伤保险条例》的修正

The Japanese Legislation of Death from Overwork and the Reference of Our Country——Concurrently on the Revision of “Work Injury Insurance Regulations” in China

目前,"过劳死"已成为一个亟待治理的社会问题,然而我国并未将其纳入到法律调整的范畴。对此,本文借鉴日本"过劳死"立法的成功经验,建议修改我国的《工伤保险条例》,将"过劳死"纳入工伤保险的保障范围并明确其认定标准,以此预防和遏制"过劳死"现象的发生。

The problem of death from overwork in our country is becoming more and more serious and the situation is grim.It is a social problem that needs urgent be regulated.However,our country has not been incorporated into the scope of the legal adjustment,due to the lack of legislation;death from overwork problem has not been an effective solution.In this paper,we will draw lessons from the successful experience of death from overwork of Japan.We suggest amending the ＂Industrial Injury Insurance Regulations＂ to include death from overwork into the scope of industrial injury insur- ance.So as to make the function of the industrial injury insurance system better play,effectively prevent and contain the phenomenon of death from overwork,and finally achieve the purpose of better protection of the legitimate rights and in- terests of laborers.