Problems And Idea Improvement Of Maternity Leave System

The maternity leave system is not only related to the justice concept of gender equality,but also related to social succession.In order to promote gender equality and protect women’s labor rights,legislation has been carried out in an inclined way,which has aggravated the reproductive punishment in the labor market and aggravated the gender stratification in the economic field.In order to reduce family fertility pressure and ensure women’s postpartum recovery,protection legislation has been made,which has neither the women’s fertility desire nor the total fertility rate in society.At present,the discussion of maternity leave regulations focuses on two issues.One is "How to solve the reverse incentive brought by the defects of legislative technology?" The second is "How to promote gender equality to realize the protection of women’s labor rights and interests?" The main answer to the first question is: the wrong allocation of responsibilities harms women’s labor rights and interests,that is,part of the reproductive costs that should have been borne by the state and society in legislation are all passed on to the employers who pursue the maximization of interests,and finally all fall back to women.The answer to the second question is: the lack of gender perspective in China’s birth policy society makes women face the competition for time between unpaid housework and paid social market labor.Through the analysis of the countermeasures put forward by scholars,the author finds that there is a conflict between the differential equal protection principle and the same equal protection principle in the proposal of perfecting the maternity leave system,and it is far from enough to discuss the price difference system only on the maternity leave system.Maternity leave system is not only the intersection of feminist topic and legislative sociology,but also an important part of family system.Behind the reverse incentive phenomenon caused by legislative technical defects is the conflict between the traditional fertility system constructed by contemporary laws and modern life,that is,the conflict between industrial society and its feudal foundation as Baker said.Then,the author analyzes how the patriarchal family division of labor mode of male and female subordination can be institutionalized: the original factual division of labor between men and women is transformed into a gender order of male and female subordination through the distribution of gender rights in traditional ethical culture,which leads to gender bias in public and private spheres;However,the structural division of the separation of public and private law and the different principles of activities in the public and private spheres have become the logical starting point for the institutionalization of the master-slave model;The default of the established family division of labor in the Marriage Law,the neglect of the value of housework in the process of dividing the property of husband and wife,the emphasis on women’s responsibility in childcare leave and the lack of family public welfare system have solidified the family division of labor mode of "male master and female slave".I advocates the establishment of a family upbringing model with social support and joint participation of husband and wife.On the one hand,along with the atomization of individuals,the moral and economic costs of marriage default have declined,and the prisoner’s dilemma in family tending division of labor under The Mother’s Responsibility mode has appeared,so women need to take part in social labor for my insurance.On the other hand,the division of labor between The Mother’s Responsibility mode in the family field intensifies women’s status as others in the public and private fields,challenges the concept of gender equality,and leads to institutionalized injustice.Then,by analyzing the model and effect of foreign family policy,it is pointed out that the Co-Parenting Model has both intrinsic value and instrumental value,and some suggestions are put forward on the premise of the Co-Parenting Model,hoping to play a role in solving the problem.