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On The Legal Protection System To The Civil Right Of Rest

Posted on:2010-04-18Degree:MasterType:Thesis
Country:ChinaCandidate:D Y WangFull Text:PDF
GTID:2166360275479366Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
Research on the right of rest is on the leading position in the modern study of human rights in the international community,but China lags behind the international trend.The Constitution and the law have perfected regulations on the civil right of rest, however,all of the regulations have not been implemented yet.In reality,it is quite common to see such phenomenon:no holidays,prolonging the working hours casually, reduCing and delaying wages and deaths from overwork.Especially,those informal employees are exposing to more violent threat.The reasons for the situation is that the laws and regulations are enacted imperfectly;both employers and employees are not aware of the right of rest;government offices are insufficient in the law enforcement and lack of actually imposing sanctions.Therefore,it is of great significance to do some research into the right to rest and legal protection system.The thesis bases on the value of the protection of the civil right of rest.Beginning with the concept of civil right of rest,the thesis analyses the existing problems in the protection system and puts forward to the idea to build the protection system of the civil right of rest.The thesis adopts the methods of comparative and normative analysis.And it is classified into four parts.The first part is mainly discussing the Legal Nature of the civil right of rest. Analyzing the concept of civil right of rest,it makes clear about the content and the relationship between the related rights and value analysis of the civil right of restThe second part introduces the right of rest from international prospect basing on the international community;it introduces the relevant international documents and specific provisions on the right to rest and makes a summary of their characteristics.The third part dissertates the legal protection system of the civil resting right.First of all,this part summarizes the system regulations of the civil resting right.Secondly,it makes an analysis on the present situation of the civil resting right and then points out the problems which lie in the current protection system.The part four puts forward to the effective advices to improve and implement the legal protection of civil right of rest.By improving the protection system under the legal framework and analyzing the implement of the civil right of rest,the thesis is engaging in building the security for the civil right of rest of special group and suggesting that to enact some regulations to protect the workers from the death from overwork.It is advantageous to achieve harmonious society that to do research into the legal protection of the civil resting right.A single law has barely influence.Managing a truly harmonious society is in the process of the participation of the whole society.The foundation of carrying out the laws is to improve the legislation system...
Keywords/Search Tags:right of rest, labor right, holiday right, legal protection
PDF Full Text Request
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