Research On The Perfection Of Legal System Of Birth Insurance

Maternity insurance system is an important part of China’s social security system. It is the countries through legislation to protect the pregnancy or childbirth female staff of reproductive rights and interests, in children and temporary loss of ability to work, loss of the basic life income, by the state and the society to provide income compensation and material with the help of a social safeguard system. Maternity insurance is not only related to the fertility benefits of the women, but also related to the important interests of the family happiness and the social health development. The legal system of the maternity insurance is the general term of the law, regulations, methods and notices that are involved in the birth insurance. The legal system of maternity insurance involves the dual interests of the vast number of women and the whole society. However, there are many problems in the legal system of the birth insurance in China, and it can not give full play to the important role of the protection of the rights and interests of the family. This paper of maternity insurance system has several meanings. Firstly, it will protect the women’s reproductive rights and promote the equal employment of women and men. Maternity insurance legal system can maintain the rights of female workers at birth. It also can weak the discrimination in employment and promote the equal employment of women. Secondly, it is conducive to the smooth implementation of the family planning policies and promoting to the reproduction of labor. Implementation of maternity insurance systems can get the respect for and protection of the reproductive rights of women and enhance women’s sense of mission, improving the quality of growth, promoting the effective implementation of the population policy. Finally, it is benefit to improve our country’s maternity insurance legal system. Through summarizing the existing problems of the legal system of birth insurance in China and learning from foreign successful experience of the legal system of fertility insurance, we can improve our country’s maternity insurance legal system.This paper mainly uses the method of literature research and the comparative analysis. Through the collection and sorting of literature at home and abroad, this paper gets the information, knowledge, and ideas of maternity insurance legal system. On the one hand, through reading lots of existing involving maternity insurance laws and regulations and scholars in the related childbearing insurance and related articles, this paper makes a comprehensive analysis of the problems existing in the legal system of maternity insurance, Then it is concluded that maternity insurance legal system in China needs to be further improved. On the other hand, through comparative analysis of domestic and abroad maternity insurance legal policy and practice, we understand the problems of the our country current maternity insurance legal system. Then we must expand the coverage of maternity insurance as soon as possible and strengthen the maternity insurance management of fund and supervision mechanisms, so as to improve China’s maternity insurance legal system.This paper is divided into five parts. Firstly, this paper mainly expounds the background and significance of the research object, the domestic and foreign research status, the research methods and the innovation points. Secondly, the overview of the legal system of maternity insurance. It mainly discusses the definition, characteristics, the value and function of the legal system of the birth insurance. Thirdly, the main content and problems of the birth insurance system in China. This article mainly analysis the basic principle of maternity insurance, maternity insurance coverage, fund administration and supervision and other aspects of the mechanism. Then, it presents the main problems of current maternity insurance system in China. For example, the lack of scientific legislative principles, narrow coverage, the neglect the fund administration. Fourthly, this paper intrudes the study and reference of the foreign maternity insurance system. Through analyzing the birth insurance legislation, the implementation of maternity insurance, length of maternity leave, paid maternity allowance or maternity benefit of Germany, United Kingdom, France and other countries, this paper sums up some of the successful experience to draw upon. Fifthly, suggestions on perfecting the legal system of China s maternity insurance. This paper represents some points of how to improve the legal system of maternity insurance in China. First, perfecting the basic principles of the legal system of China’s maternity insurance. Second, expanding the scope of the legal system of maternity insurance. Finally, improving the legal system of maternity insurance fund management measures and implementing the legal system of maternity insurance supervision mechanism.The innovation of this article is absorbing and referring to the results of previous studies based on. Then the paper does some research and thinking to expand the coverage of maternity insurance legal system. At the same time, this paper argues that establishing the management measures of improving the birth insurance fund and strengthening the regulatory mechanism of the birth insurance should be paid more attention in the process of improvement of the legal system of maternity insurance. The inadequacies of this paper is that this paper only studies the legal system of the birth insurance from the whole of the country, instead of analyzing the implementation of the legal system of the birth insurance from the provinces. Therefore, this paper is not comprehensive enough for the legal system of matermtv insurance.