New Jurisprudential Thinking On Protection Of Female Staff Rights And Interests Under The Two-child Policy

In essence,two-child policy still limits the reproductive rights. But the implementation of two-child policy is based on the current situation in our country,and it has a certain practical significance.There are several meaning for starting the implementation of two-child policy:First,it helps to meet the individual wish for fertility; Second, it helps to delaying the pace of population aging;Thirdly, it helps to promote long-term balanced development of population, economy, society, resources and environment.. But at the same time, we are faced with a series of practical problems during the implementation of two-child policy, especially the problems about protection of female staff rights and interests.Based on the adjustment of the birth policy in China, the paper analyzed current situation of legislation and the problems about protection of female staff rights and interests, then pointed out the causes. Through drawing lessons from foreign advanced experience, the paper gived some advice to perfect protection system of female staff rights and interests in China.This paper consists of four chapters. The main body is as follows:Chapter one expounds the current situation about protection of female staff rights and interests in our country through employment and job security, special labour protection,the childbirth insurance and labour inspection. Then the author summarizes the problems about protection of female staff rights and interests after the implementation of the two-child policy, such as:The employment discrimination phenomenon has increased; The special labour protection for female staff has not been strengthen;Father pay less time in raising a child; Do not have enough public child-care resources in our country.Chapter two pointed out the causes. The author summarizes the legal reasons mainly through three aspects,such as legislation, judicial relief and labour inspection. The legislation reasons contains four parts:overly protective legislation, the simplification on the achievement ways, more principled regulations,lack of punishment.The judicial relief reasons is mainly about the high cost of relief system. The labour inspection reasons contains three parts:Labor inspection responsibilities are not clear, Law enforcement of labor inspection is inadequate, Law enforcement personnel quality is not enough.The social and historical reasons mainly has four aspects:the influence of traditional ideas, physiologic difference, misunderstanding about fertility value,the own reasons of female staff.Chapter three expounds the advanced legislative experience of foreign countries and enlightenment to China.First, Improving the employment discrimination legislation is good for women's equal employment rights protection; Second, Family friendly labor legal system is helpful to the balance of family responsibilities and job duties; Thirdly, To strengthen public child-care services can provide powerful parenting safeguard for female staff.Chapter four focuses on perfect suggestions. Through drawing lessons from foreign advanced experience,and combined with the actual conditions in China,the author put forward the opinion that to solve the problem about protection of female staff rights and interests in our country should stick to the substantive equality principle between male and female.Then the author suggest from the following five aspects to perfect protection system of female staff rights and interests:anti-sex discrimination legal system in employment, the childbirth insurance system, public child-care services, judicial relief system and labour inspection.