The Legal Holiday System In China From The Perspective Of The Constitution

Legal holiday is the embodiment of a country's political,economic and cultural system,which is closely related to the citizen's life.The current statutory holidays system in China is based on Regulation on Public Holidays for National Annual Festivals and Memorial Days,and some of memorial days are set up by National People's Congress and its Standing Committee and the State Council.Regulation on Public Holidays for National Annual Festivals and Memorial Days has gone through three revisions since December 23,1949.Every change can trigger the discussion,such as the establishment and abolition of the golden week,traditional festivals become legal holidays and so on.With the continuous development of China's economy and society,citizens' demand for holidays is also growing,the function of legal holiday is also more and more dissatisfied with the holiday function,the system of statutory holidays in the political and cultural functions become increasingly prominent.In china,however,there are still some problems in the content and procedure,which need to establish a "Law on Public Holidays for National Annual Festivals and Memorial Days" and further improve and refine the relevant content of the statutory holidays.This paper,based on the legal holiday system in China,introduces the statutory holidays in ancient and modern times,and discusses the contents and procedures of the statutory holidays in China.The paper is divided into four parts.The first part is an overview of statutory holidays.This paper mainly introduces the meaning of statutory holidays and official holidays and general public holidays,and the difference between statutory holidays and official public holidays.This paper clarify the historical changes of the legal holiday system in China since the pre-qin period,point that Statutory holidays have been an important system in China since ancient times.The second part analyzes the current statutory holiday system from the perspective of the Constitution,mainly analyzes the relationship among the statutory holiday system and citizens' right of rest,cultural rights and national identity.And introduce the current legal holiday system from two parts——the content and the procedure.The third part analysis the problems of the statutory holiday system in China from the aspects of content and procedure,combined with the relevant provisions of the foreign statutory holiday system.This paper analyzes the problems existing in the legal holidaysystem of our country.In terms of content,the legal holiday system of our country has the deficiency of traditional holidays,the phenomenon of a large number of moving holidays,and the determination of the overlapping holidays of the statutory holidays without any rules.Some citizens enjoy the lack of the contents of holidays,lack of specific festival forms and restrictions.In the procedure,the legal system of holidays is low,the main body of issuing holiday notice is uncomfortable.Repeated notices,holidays for ethnic minorities and local governments These problems affect citizens' right to rest,cultural rights and national identity,and are not conducive to the exertion of the functions of the statutory holiday system.The fourth part is the perfect measure of the legal holiday system in our country.On the basis of analyzing the problems existing in the content and procedure of the legal holiday in our country,the paper puts forward some suggestions for improvement.For example,we should formulate the National Festival and Remembrance Day Law and refine and perfect the contents of the statutory holidays,perfect the system of the national minorities' statutory holidays and the temporary holiday rights of the local governments,and increase the specific forms of the statutory holidays.In order to better exert the function of statutory holidays.