Research On Refinement Of Maternity Allowance Legislation

Fertility is a necessary condition for species continuation, national developmentand social prosperity, possessing outstanding social and economic values. With thedevelopment and perfection of social security, birth insurance system emerges. Thegovernment establishes and develops birth insurance system, especially improvingmethods of its distribution by means of compulsive legislation, enhancing thetreatment of birth allowance, not only to the benefit of protecting the basic rights andinterests of women and children, but also in favor of improving quality of population,marking a social progress of human being. Viewed from the world, among more than150countries and districts that have established social security system, most of themcontain birth insurance system, which are generally established earlier and moreexperienced than our country. We should use them as reference, in combination withour national situation. In the view of domestic legislation, compared with endowment,medical and other social insurances, reformation of birth insurance system developsrelatively slow, its related legislations are also over simple. Under this circumstance,research for the refinement of birth allowance has vital theoretical value and practical significance. The thesis was written from the perspective of law, adopting methods oftheoretical analysis and comparative research, by means of researching legislatedsituation domestically and internationally, using experience in other countries asreference, in combination with domestic legislation situation, puts forward some ideasand reflections about refinement of birth allowance in our country, hoping to proceeddiscussions on birth allowance, even the whole birth insurance system in our country.First chapter is the significance and purpose of the research. Starting withnational speech, the writer brings up the refinement of legislation, followed byillustrating the significance of birth insurance, especially birth allowance, whichdirectly influences the rights and interests of women and survival and development ofnext generation. Therefore, the thesis particularly elaborates refined legislation ofbirth allowance. In domestic situation, the writer analyzes birth allowance legislationin each province. The thesis mainly uses methods of reference, empirical study andcomparison, at the end presents the innovation and defect.Chapter two is the evolution and evaluation of related legislations about birthallowance. It begins with legal analysis of birth allowance, followed by the evolutionand evaluation of related legislations about birth allowance, including departmentlegislation, legislative status (of certain provinces) and social insurance law, in the endpresents the evaluation of current distribution method of birth allowance and somequestions.Chapter three presents the legal analysis and value orientation of birth allowancelegislation. Its legal foundation is that birth allowance demonstrates the feature ofsocial law, substantial fairness principle, and the principle of protecting vulnerablegroups. Value orientation means major social relationships considered in the processof birth allowance legislation.Chapter four is about the comparative study of birth allowance legislationsabroad, including legislations from International Labor Organization and in foreigncountries. Besides the legislative examples and features of birth insurance abroad,there are also categorization and classification of birth allowance legislation according to payment responsibility and allowance level; in the end the writer states herreflections of related legislations abroad.Chapter five is the reflection and suggestion about the perfection of birthallowance legislation. First the writer analyzes the limitation of current method ofdistributing birth allowance in terms of average salary, then puts forward thefeasibility consideration of distribution according to district, at last illustrates how tocoordinate this new distribution system with other systems, such as legislation, birthinsurance fund and birth insurance expense rate.Due to limited knowledge and ability of the author, there would be lots of defectsand deficiencies of argument, hope each professor and expert kindly point them out.