On Legal System Of Birth Insurance In China

Our country "social insurance law" by the "five risks unity" comprehensive legislative model, that is making an overall and system of social insurance laws to regulate the endowment, medical treatment, inductrial injury, unemployment, maternity insurance activities, set more social insurance programs for an organic whole. In reference to the international experience foundation, proceeding from China’s actual conditions, the normative and programmatic combination of legislation technology, this is our country the first comprehensive law of the social security system, covering both urban and rural residents to establish the social security system, maintaining the citizens’participation in social insurance and enjoy social insurance treatment of the lawful rights and interests, and promote the construction of socialistic harmonious society has the very vital significance.This paper by our country’s birth insurance law system as the research subjects, the first of birth insurance the concept and character, birth insurance theory basis, and birth insurance in the analysis of the concept, and then analyses the birth insurance law of our country at present problems in the system:coverage of the narrow, the payment rate higher, and treatment provisions is not standard, fund lack of regulation and operation not science, society of orgnaization of agency of difficulty, the social insurance supervision and the legal responsibility to implement. In order to find the solution to these problems, make our country of birth insurance system and to the development of economy and society. In the third chapter the writer puts forward how to perfect our country’s birth insurance law system of several viewpoints, perfect legal system construction from the starting, revise again involved in the "social insurance law" birth insurance related law, last, the unity of the proposal for a "birth insurance regulations, in order to make our social insurance law more practical, as the authority of the basic law can also be reflected. On the one hand prompted birth insurance system in legislation more perfect, more practical, and not just stay in macro policy level, make our country social insurance legal system more perfect; On the other hand, can guarantee fertility object because fertility vacation pay income temporarily interrupt, from the state and society can receive medical and health care service and material help, to ensure that women and children’s rights and interests, promote the essence of equality between men and women.