休息权作为一项基本人权,关系着劳动者的生存和发展。休息权利被侵犯后能够获得强有力的救济是当下劳动者最为关心的权利诉求。近年来,有关“过劳死”的事件报道频繁地出现,1虽然在目前情况下难以统计出我国每年因过度工作而死亡或患病的劳动者数量,但无容置疑的是过度劳动已经成为严重的社会问题。2在目前的劳动法体系中,“过劳死”并不是一个法律概念,对此类问题仍 The right to rest as a basic human right is related to the survival and development of laborers. The rescuing of the right to rest after being rescued is a powerful remedy that the present workers are most concerned about. In recent years, there have been frequent reports of incidents of overwork. 1 Although it is difficult to measure the number of workers who die or are sick each year in our country due to over-work in the current circumstances, undoubtedly, over-work It has become a serious social problem. 2 In the current system of labor law, “overwork” is not a legal concept,