Research On The Maternity Insurance Legal System

Fertility is the first thing to safeguard life and maintain human society thriving. What we can provide for fertility also marked the progress of social development. In modern society, maternity insurance system came into being, when maternity protection to women around the world is growing concerned. Maternity insurance is a nation to collect maternity insurance fund by means of legislative, to meet the conditions of reproductive behaviors who is not working properly and income is interrupted. They can get material help, medical care and holiday of the social security system. Maternity insurance of our country has been set up to maintain social stability and promote the development of production and construction, maintain the fertility of female employees during the special interests and protection of their health and basic functions of life, but there are still many problems. On the laws and regulations and maternity insurance is an important part of the social security system and one of the five types of social insurance. But as "insurance", its importance is much lower than the other. Maternity insurance is some framework regulations and no detailed provisions in many quarters. Maternity insurance system in our country because of low level legislation, lack of supporting laws and regulations, and does not introduce unified Maternity Insurance Ordinance. It affects maternity insurance legal system’s perfection and the execution of coherent, scientific and effective. Laborers’ reproductive rights if not effective safeguards, will make the work enthusiasm and creativity of workers compromised, adversely affect the process of harmonious society. Academically, maternity insurance research in China is still in the development stage. Only less research and few books are discussed in the social security area have special maternity insurance,. This paper aims at maternity insurance system based on theoretical studies and comparative research methods, starting with basic theory and including maternity insurance of meaning, basic theory and efficacy. Introducing legislative provisions of other typical of developed countries, such as Germany’s social security system, Denmark’s general medical treatment and provide direct cash benefits of double maternity insurance system, Japan’s national health insurance and double maternity insurance system for employees’ health insurance. Through the analysis of the legislation of several countries, it sums up their experience and merit. By analyzing the current legislation of maternity insurance reach some of the shortcomings and deficiencies, such as legislation, narrow coverage, raising a single channel. The maternity insurance system of China run into the difficulty is due to the incomplete of maternity insurance system and social insurance and Maternity Insurance Ordinance delay not introduced. So in last author recommends like endowment insurance, and unemployment insurance as soon as possible introduced a specifically Maternity Insurance Ordinance and should follow of several big principles. Based on the disadvantages of maternity insurance to make recommendations and analyzes various specific recommendations in order to achieve equality between women and men, further protection of human rights, and building a harmonious society.