Research On The Legal Protection Of Labor’s Right To Rest In China

As a basic right which embodies personality independence of the laborer, and contains the interests of laborers, the right of rest is one of the labor’s basic rights that have been established by our constitution. The labor’s right of rest has all been explicitly stipulated in a series of laws, and its criteria have been fundamentally formed, yet still haven’t been earnestly implemented. In fact, the labor’s right of rest is one of the rights that can be most likely deprived. Common occurrence, like "death from overwork", is often reported, as well as extending work hours can be seen everywhere. All of the facts show that the labor’s right of rest in our country is severely suffering from deprivation; therefore, to research the legal security system of the right of rest owns strong practical significance.The thesis, by elaborating the theoretical connation, reviewing the historical development of the labor’s right of rest, analyzes the existing problems in the protection of the labor’s right of rest in our country. At the same time, by taking the experience of the protection of the labor’s right of rest in the international organizations and typical developed countries, the author will study the deficiencies of the security system of the right of rest in our country and explore the establishment and improvement of its related security mechanisms.The paper is composed of four chapters.Chapter one gives a brief introduction to significance of choosing the topic, research reviews of home and abroad, the research methods and the new findings.Chapter two provides the basic definition of the right to rest, and demonstrates its theoretical foundation from the aspects of definition, orientation and value analysis, all of which consolidate the ground for the research.In Chapter three, the author will probe into the current situation, problems and reasons of the labor’s right of rest in our country, which will provide help to "solve the problem" in the next step.In Chapter four, the author will firstly analyze the legal security systems of the labor’s right of rest in some typical developed countries, and absorbs their quintessence. Finally, the author will provide her only views in designing the legal security systems for the labor’s right of rest in our country.