“过劳死”法律规制探析民商法学专业论文.docxVIP

5 5 Key words:Karoshi;Working Hours;Rest And Vacation;Occupational Safety And Sealth 目录 引言······························································································· 1 一、我国“过劳死”现象之现状及成因·················································· 2 (一)我国“过劳死”现象的现状······································································ 2 （二）“过劳死”现象的成因········································································· 3 二、“过劳死”的理论分析···································································7 （一）“过劳死”的概念··············································································· 7 （二）“过劳死”法律性质的界定··································································· 9 （三）“过劳死”的构成要件········································································ 15 （四）“过劳死”法律责任的承担·································································· 18 三、国内外有关“过劳死”之立法······································································ 21 （一）日本“过劳死”之立法······································································ 21 （二）德国“过劳死”之相关立法································································ 22 （三）我国台湾地区对“过劳死”的立法······················································· 23 （四）我国对“过劳死”之相关立法····························································· 24 四、我国“过劳死”法律制度的完善····················································25 （一）构建“过劳死”的认定程序和认定标准················································· 25 （二）强制保障劳动者休息休假权之实现······················································· 28 （三）加强劳动监察执法············································································ 30 （四）疏通司法救济渠道············································································ 33 参考文献························································································36 致谢······························································································38 “过劳死”法律规制探析 “过劳死”法律