The Realization Mechanism Of The Right To Rest In China

Why it is difficult to realize the right to rest in our country? Most people believe that it is because of the imperfect rest law and the relevant legal system, lax enforcement of labor law agencies, loss of sense of responsibility of legal units consciousness, and weak consciousness of right to rest. A small number of people think that the rapid development of the economy requires more supportive labor. However, this paper argues that those explanations are more the objective description of the dilemma than the interpretation of realizing right to rest. In other words, the difficulties of realizing right to rest lie in the following aspects, namely "symptoms", What caused the above representation are the real reasons of realizing the right to rest, namely the "Crux". In this paper, there should be distinctions in the dilemma of "symptoms" and "Crux". We are back to the realization of the right to rest to discover and explain the real cause of realizing the right to rest.Therefore, the purpose of this paper is: on the basis of grasping the developing history of the right to rest, develop a new, right-centered analysis framework to better explain our dilemma of realizing right to rest, and overcome the dilemma. Inspired by the Marx’s theory of "alienation of labor", this paper proposed through the concepts and doctrinal analysis that:the conflicts between the rest and the alienation of labor makes up the basis of right adjustment of social relations. The object of the right adjustment is to make the right and obligation relationship between people’s labor time and leisure time. Therefore this paper puts forward an analysis framework, which is composed of two main variables, respectively game relations based on the interests of the time and the formation of the interests of the system of rights and obligations. These two variables are in correspondence in the two elements of the realization of the right to rest: the balance of free time benefits and the reasonable system specification, whichconstitute the realization mechanism of the right to rest under circumstances.Intrinsic motivation of realization of the right of rest mechanism is allocation game of free time benefits, whose characterization lies in institutionalization and re-institutionalization of theregulation of right to rest. Through the analysis of the cases and regulations of the right to rest, this paper argues that the current mechanism of the right to rest is faced with the dual contradiction between the perception and regulation. On the one hand, relationships and differences between free time benefits and economic benefit compensation of free time interests are perplexed in the aspect of perception, which makes the text emphasize on the protection of the right of workers to rest, but in fact lay importance on the implementation of protecting economic benefits. On the other hand, in the aspect of regulation, workers are given "constitution" the highest level of the right to rest, and in laws and regulations workers are defined and limited to the level of "labor law", which cause laborers, civil servants and other people without labor law meaning to receive the discrimination of thelegal system. These contradiction between the two aspects in realizing right to rest determine the specialty of our workers’ right to rest, and cased more conflicts. Therefore, in the perspective of the mechanism of the realization of the right to rest, we can find and explain the crux of realizing the right to rest in our country.The new analyzing framework can not only discover and explain the plight of realizing the right to rest, it can also provide new thoughts for the improvement of realizing the right to rest. That is, in the aspect of perception, respect and acknowledge adjustment of the right to rest in interests of all parties, and in the aspect of regulation, regulate and dredge the communicating methods of institutionalization and re-institutionalization of the right to rest.