On The Improvement Of The Legal System Of Paternity Leave In China

Family planning policy is a basic state policy in China,so it is of positive significance to study the legal system of paternity leave in China from the theoretical perspective of promoting the implementation of the birth policy and enriching the birth leave system.This paper mainly uses empirical research and comparative research methods to study the legal system of paternity leave in China,and finds that there are the following problems in the current system.Firstly,the legal system of paternity leave has not been fully implemented.The enterprise undertakes the holiday cost is overweight,the enthusiasm that implements paternity leave system is inferior.The main reasons for the above problems are that the paternity leave system is only stipulated in the population and family planning regulations of provinces,and there is a lack of legislation at the national level.Secondly,the main reason for the absence of supervision by public authorities is that there is no basis for law enforcement.In the case of "law enforcement cannot be done without authorization",administrative authorities often do not intervene more for the sake of law enforcement costs.Secondly,even if there are provisions in laws and regulations,the illegal cost of not implementing holidays is relatively low.Enterprises as the key part of implementing the system of paternity leave,the causes of the formation of the above problems mainly appear in the enterprise which on the one hand,first of all,the provincial population and family planning regulation will be the treatment of the problem during paternity leave for "during the holidays,benefits is changeless," cause the cost of enterprise bear is overweight,and the lack of government responsibility;Secondly,with the increasing number of vacation days,it also leads to the inadaptability of employees who take continuous vacations to return to their posts,resulting in the increase of enterprise costs.It is suggested that the legislative level should be raised firstly,and the paternity leave system should be stipulated in national laws to enhance the effectiveness of universal application.Secondly,there is a lack of supervision in the implementation of paternity leave system in the system,so that paternity leave inspection is normalized;Reasonably share the holiday cost,share the holiday cost among the government,enterprises and workers,reduce the burden of enterprises,and reform the holiday mode from the perspective of human resources,mainly adopt flexible working time and flexible working place.