On The Protection And Relief Of Right To Rest

The laborers’ right to rest is a basic right of citizens.It is also a fundamental human right."death from overworking" is a kind of extreme infringement of laborers’ right to rest.This paper,starting from the right to rest and combining with the phenomenon of “death from overworking”,attempts to explore the problems and improvement measures in the legislative and judicial practice of the protection of the right to rest in our country.The study of the right to rest is a huge topic.From the horizontal and vertical point of view,there are theoretical backgrounds and practical significances in its development from a natural right into a legal right and then become a constitutional right,and the protection from many national laws and international laws,and the focus of our country from the constitution to the administration laws and regulations for the construction and its existing problems and ways to protect it.The phenomenon of "death from overworking" has profound economic and cultural reasons,and its solution is a complex project.The function of the law is limited,and the text is limited.Therefore,from this phenomenon,we focus on the analysis of the problems related to the relief of "death from overworking" in the protection system of the right to rest.This article is divided into four chapters.The first chapter focuses on the analysis of the right to rest,including the reason that rest becomes a statutory right and then become a constitutional right,the protection of the right to rest in the domestic law,international law and industry rules,the definition of the concept of the right to rest and the protection of the right to rest in our country.The last section of this chapter also explains the legislative situation of "death from overworking",and analyzes the most mature legislative practice of "death from overworking" legislation in the world,in order to make useful exploration and reference to our country to strengthen the protection of the right to rest.Then it expounds the existing problems in the protection of the right to rest in the legislation and judicial practice in China,especially in the relief and reduction of "death from overworking".The main reason for the phenomenon of "death from overworking" is that the legal norms are not perfect.This imperfection is not only reflected in the current blank of "death from overworking" in our country,but also that the existing protection mode of the right to rest in our country can not fully relieve the phenomenon of "death from overworking".Therefore,the author mainly discusses the limitations of the regulation of the right to rest from the subject of the right to rest and the guarantee system of the right to rest: the standard of the highest working hour,the legal regulation of the extended working time,and the system of vacation.In addition to the legislative issues,through the analysis of the 40 cases,I found that in the judicial practice,under the current legal framework and legal theory,there are three main ways for the relief of "overwork".Even so,in the judicial practice,only 28 of the 40 cases are remedied and each relief way has its applicable conditions and difficult problems in judicial practice.Therefore,how to solve these problems,and even establish a new way of relief,with legislation,law enforcement,justice and even the development of other insurance systems,such as the development of the insurance system,is aimed at seeking more beneficial "overwork" relief.The phenomenon of "death from overworking" is a shocking social phenomenon.The problem of the protection of the right to rest is a social problem closely related to every laborer,every family,every enterprise,and the whole country and the international community,which is worth promoting by all walks of life.The author’s inquiry is to get better relief to this phenomenon and reduce this phenomenon,so that the right to rest can be better protected,and the laborers get a happier life.