Holiday Reform And Legislation

In recent years, higher and higher voice can be heard asking for the reform of the Golden Week Holiday. Heated debates have been carried out mainly about whether there should be the Golden Week Holiday, how long the Holiday should be, and how to reach a reasonable distribution among the Golden Week Holiday and other holidays. Although the Golden Week Holiday is one formed on the basis of the legal holidays, it means much more. Therefore, both the reform and relevant legislation concerning the Golden Week Holiday should be taken as the centre of the whole holiday system and paid special attention to. The establishment of the holiday system has much to do with the protection of the labourers' right of having rest; what's more, other major holiday arrangements have come into being under the influence of the holidays for the labourers. So the author leaned from the foreign experience in lawmaking, used the methods of historical analysis and comparative analysis, and wrote this paper. Oriented towards the protection of the labourers' right of having rest, this paper starts from the labourers' holidays, tries to analyse the problems in the existing holiday system, and puts forwards her own design about the lawmaking in Chinese holiday system. This paper consists of four parts: the first part starts from the connotation of holidays, clarifies the content and scope of the holidays in the research, and analyses the relevant laws; the second part traces back to the historical origin of Chinese holiday system, and makes an introduction to the present state of the existing holiday system; the third part uses the method of comparative analysis and learns from the holiday regulations in France, Germany, Japan, Korea, Singapore, Taiwan and Hong Kong; based on the clear knowledge of the limitations of the present holiday system, the last part analyses the centre of the reform in the present holiday system, and, taking into consideration the reality facing the holiday legal system and the principles in lawmaking, puts forward the proposition of building a holiday legal system with Chinese characteristics.