Research On The Maternity Insurance Legal System

Maternity insurance refers to the country recruit the birth insurance fund by means of legislation, to help the fertility behavior who can not work normally and income is interrupted when they are maternitting, they can obtain the material help, medical service and maternity leave. It Includes maternity holidays, maternity allowance and medical services. Maternity insurance protect the basic rights of the maternity actors, it is one of the five components of the social insurance, but the attention for the maternity insurance is more lower than the other four insurance, especially compaered with the endowment insurance and medical insurance, the statue of the maternity insurance is negligible. In the academic field, it is difficult to find a comprehensive article about the maternity insurance. people’s Republic of China social insurance law of2010come on stage, make the maternity insurance entered into a new history stage, but in this regulation, there is only four stipulation principle about the medical insurance, they are so principle and lack of operability. Therefore, make a research on medical insurance has a great significance whether from the legal theory or the reality.This paper from the legal perspective, according to the basic theory of law analysis from the maternity insurance, the overseas study of the maternity insurance legal system, to finding out the problems of the maternity insurance legal system in our country and combining theory with practice, put forward the prefect advices about it.The article is divided into four parts:The first part, combined with the theory of law, economics and sociology theory, from the basic theory of maternity insurance. Make a legal definion on the maternity insurance, analyze the characteristics and function of maternity insurance, expound the theoretical basis of the maternity insurance.The second part, from the perspective of comparison and reference, introduce the advanced place of maternity insurance legal system in developed countries, providing a good guide for our country. Elaborate the maternity insurance legal system of Asian country, help us to perfect the construction of our country’s legal system of maternity insurance.The third part, introduce maternity insurance legal system content and present situation of our country, summarize the current problems of maternity insurance legal system of our country, provide a perfect entry point for our country’s legal system.The fourth part, from the legal point of view, putting forward feasible suggestions according to the existing problems in maternity insurance of our country, so as to make the legal system of maternity insurance to make more benefit for the maternitors.