Research On The Incentive Mechanism Of China’s Fertility Law System

With the advent of the age of the population,the demographic dividend gradually reduced,in order to alleviate the pressure brought about by the aging population,the state liberalized fertility policy to stimulate population growth,the second child has been opened.After the implementation of the "second child" policy for more than 1 years,the fertility situation has not reached the expected goal,there are many reasons,many scholars have begun to discuss the solution.One of the main reasons is that there are deficiencies in the legal system of fertility.In the face of encouraging fertility policy,Unable to reach the target through coercive means.therefore,we should change the mode of thinking,will be locked in the eyes on the incentive function of the system of family.Analysis from the perspective of motivation of family system in China not only provides a new perspective for the study of Fertility Analysis System in our country,more on the development of the incentive theory of law of our country has played a promoting role,and puts forward some suggestions to solve the problems of the current system of family in China,has practical significance.The reproductive system of our country as the research object,starting from the legal angle to incentive,incentive factor and way for the two main line,formation,development and current situation of study on the incentive mechanism system of family in China,deep mining of China’s current lack of reproductive system,and provide some suggestions.In this paper the content motivation theory in Maslow’s"hierarchy of needs",process theory of motivation in equity theory,expectation theory,goal setting theory "and" people-oriented "concept and other related concepts and analysis methods,mainly from the basic theory of legal incentive mechanism of a preliminary understanding of the theory this paper will use the knowledge;then analyzes the play form of incentive function of family system in China,and from the two aspects of analysis of incentive factor and mode of reproductive system of our country legal incentive mechanism for the formation and development;the analysisbefore summed up the current system of family law in China the incentive mechanism deficiencies,and puts forward some suggestions on these deficienciesThe main research results of this paper are:(1)the historical analysis method is used to conduct a comprehensive analysis of the incentive function of the reproductive system in China.(2)From the perspective of incentive factors,the paper makes a comparison between the old and the new,and the comparison between the central and the local,presents the distribution characteristics of the incentive factors in the process of birth legislation in China.(3)This paper analyzes the law of fertility legislation in our country from the perspective of incentives,shows the application of the process-based incentive theory in the legislation of our country(4)the author explores the deficiencies of the legal incentive mechanism of the reproductive system in our country,and puts forward some countermeasures.The theoretical innovation of this paper lies in:(1)analysis of China’s fertility system from the perspective of legal incentives.In the past research of the system of family law circles of our country focus on specific problem,few people analyze the reproductive system of our country from the macro perspective,fewer people will focus on the incentive function of the reproductive system.In this paper,a new way to choose from the perspective of legal incentives to analyze China’s fertility system,designed to provide a new way of thinking for the legal profession,the new direction of research.(2)the application of legal incentive theory in the field of social law.The study of legal incentive theory in China is a rising star,the field involved is more narrow,and it is used in the financial legal issues.In order to prove the universality of legal incentive theory,this paper selects the theme of China’s reproductive system.It is hoped that through this article,more scholars can have a positive understanding of the theory of legal incentives,improve and develop the legal incentive theory.