Research On Legislation Of Vacation In China

With the realization of a well-off society in China and the material needs of workers being met,the spiritual needs,especially the needs for a better life,will be more abundant and strong,and vacation legislation will increasingly become an important part of the construction of the rule of law in labor.Therefore,we can expect that the concept of vacation will gradually become popular and introduced into the legislative practice.Our country's vacation legislation system will be more and more perfect.The national legislature will pay more and more attention to the important role and social value of vacation in protecting workers' right to rest,and the technology and quality of vacation legislation will be higher and higher.At present,China's vacation legislation system still has structural defects,lack of clear positioning and principle of vacation legislation,and there are gaps in the field of adjustment.The overlapping of some contents in the whole legislative system leads to conflicts of legal norms,but also because of the incomplete areas of adjustment,the vacation legal system can not cover all aspects of vacation management.The consequences are fragmentation in the form of vacation legislation,vacancy in practice and contempt in concept.Therefore,in the context of the new era,it is of great practical significance to strengthen the study of vacation legislation,turn the study of vacation system to the study of vacation legislation,and perspective the right to vacation from the perspective of vacation legislation for the decent life of workers,the all-round development of human beings and the construction of a harmonious society.According to the report of the Eighteenth National Congress of the Communist Party of China,the new goal of perfecting the labor standard system and the third legislative plan of the thirteenth Standing Committee of the National People's Congress in 2018 are clearly put forward.It is pointed out that this is the vane of the legislation of labor standard in China.The legislation of labor standard has entered the vision of national legislation,and it is urgent for legislators and jurists to establish vacation in the process of legislation of The choice of the mode of law is not only a historical necessity,but also a historical contingency.Therefore,it is necessary to place vacation legislation in the context of the new era,based on the international standards and development trends of vacation legislation,to deeply analyze the contradiction between workers 'need for a better life and inadequate supply of the system in the new era,which greatly promotes vacation legislation.At the same time,the importance of cultivating vacation law culture for the construction of vacation legislation system and the improvement of vacation legislation is also noted.In a word,we should seize the opportunity to legislate on vacation and take the opportunity to promote the formulation of the Labor Standard Law and the establishment of the vacation system in the Labor Standard Law.As far as the legislation of vacation is concerned,the remedy of workers' right to vacation and the typification analysis of infringement on workers' right to vacation are also necessary considerations in this paper.