A Study On The Legal System Of Social Expenditure In The Perspective Of Citizen's Right Of Childbirth

With the promulgation and implementation of the new "population and family planning law",the "comprehensive two child" policy has been legally recognized,and this is also a tilt towards the protection of human rights,especially the right to procreate.However,the premise of this policy is to adhere to the basic national policy of family planning,and impose restrictions on social support.The original object of the collection of social maintenance fees but(two child families)are no longer suitable for the current law,with social compensation fee either in the design of the system itself or in the practice of the collection,management and use are many drawbacks.The policy to protect the reproductive rights of citizens inclined at the same time,does not provide a good guarantee mechanism for the effective implementation of human rights,such as economic burden,raising cost,women's occupation development,the reason for this has led to people low fertility desire.On the basis of the above questions,is there a necessity for the system of social maintenance fee collection? Should the citizens' reproductive rights be protected without limitation?Therefore,this paper is based on the reproductive rights of citizens from the perspective of the legal system of fee collection of social compensation,is proposed as a fundamental right of citizens to reproductive rights,to make it fully guaranteed shall include reasonable restriction and comprehensive protection of two aspects.In order to balance the reproductive rights of citizens and social public resources interests,social compensation fee collection legal system as the restrictions are still the necessity of its existence,and that "all two child policy failed to implement depends on the relevant system to ensure the smooth growth,and analyzes the deficiencies highlighted China's maternity insurance system current.Then,through combing the relevant regulations of the social collection fee collection system of provinces,the problems existing in the legal system and its operation process are revealed.Finally,from the social maintenance fee collection system design itself and the related supporting mechanism two aspects to put forward the improvement proposal.Based on the above ideas,the main content of this paper is divided into the following parts:The first part is the introduction.It mainly summarizes the background and significance of the selected topic,the literature about the birth right and the social collection fee system at home and abroad,and lays the foundation for the writing of the thesis.The second part: the basic introduction of the legal system of the birth rights and social maintenance fee.Mainly from the definition of reproductive and reproductive rights,the specific content of reproductive rights,the restriction and protection of reproductive rights,the evolution process,nature and several aspects of social support costs.The third part: the theoretical basis of social maintenance fee collection,mainly from moderate population theory,public interest theory and social equity theory to analyze three aspects,and help to lay the foundation for the following writing.The fourth part: the reproductive rights of citizens from the perspective of social support analysis of the necessity of legal system in the collection of fees;mainly from the reproductive rights of citizens and the environment right angle,the reproductive rights of citizens the rights and obligations of the unity of the angle,the reproductive rights of citizens and the family planning policy as well as the angle of "full implementation of 1st anniversary of the two children" effect of the to elaborate the reason to impose social compensation fee.The fifth part: the social compensation fee levied on the problems of the legal system;mainly through the "social compensation fee collection and management methods" and related social support provinces relevant provisions of fee collection system combing,from two aspects of legislation and social compensation fee collection system design to analyze the existing problems.The sixth part: the perfection of legal system of social compensation fee levied;first,starting from the improvement of legislation,we should as soon as possible "social compensation fee collection regulations" and the detailed provisions of the nature and purpose of the collection of social maintenance fees,the main collection objects,the collection standard,collection procedures and the corresponding supervision system;secondly,to recognize the birth right as a basic human right,it requires the government to bear not only the freedom of citizens the right to procreate obligations,but also to provide material conditions and spiritual interests to help the citizens right of birth.Therefore,we should improve the birth insurance system in China while restricting the right to procreate,and guide the people to give birth according to the policy by strengthening the interest oriented mechanism.