The Study Of Maternity Insurance Legal System

Reproductive behavior is closely related to the protection of women rights. It is not only a process of population reproduction and continuity of the human race, but also one aspect of women realizing their own value that no longer just for the sake of family. In addition to shouldering the task of the new generation of labor reproduction, they also can create the social wealth. More and more women throw themselves into the work and play a significance role in some areas and posts. There is a bad news that they are shouldering huge risk and unfair because of the fertility problems. On the one hand, women must face the life or health risk in the process of giving birth; on the other hand, they also face the social unfair treatment of employment. "Want work or children" is a cruel and realistic portrayal. Therefore, we must establish a complete and reliable maternity insurance legal system for women in reproductive behavior.Maternity insurance legal system is a system of social insurance law through nation legislation. When women temporarily lost the ability to work due to give birth to children, in accordance with the law, they can access the economic subsidy timely from the state and society. The emergence of this system, not only protects the lives and health of women during childbirth, but also creates a good living environment for baby. It plays a significant role in enhancing the quality of population. This system reflects the importance for protecting women rights by the nation, and it also plays an important role in safeguarding the interests of women, achieving gender equality and maintaining social order.Throughout the requirements of maternity insurance in advanced countries in the world, their maternity insurance system are mature. Whether the scope of maternity insurance or the payment of maternity insurance benefits, their system can well meet the needs of women of childbearing. Although our country began to establish maternity insurance system since its founding, the system develops slowly, system construction is not prefect, exists many problems. Currently our country implementthe specialist legal documents of maternity insurance is " Trial measures of maternity insurance for enterprise employees" promulgated in December 14,1994. The trial measures has lagged behind the current economic and social development, can not meet the needs of current fertility demand. "Social Insurance Law" carried out in October 28,2010, only provides several guiding statutes for maternity insurance, unable to solve the problems during actual operation. Reform for maternity insurance legal system is imminent. Ministry of Human Resources and Social Security of the People’s Republic of China issued "Measures of maternity insurance"(exposure draft) in November 21,2012, but in the past two years,we have never seen a new maternity insurance law issued, reflecting the slow progress of maternity insurance legislation from the side. Academic research on maternity insurance in our country was less, and mostly concentrated in the theoretical research, the discussion on the specific operation and regulation of maternity insurance was also less. Therefore, it is necessary to study the maternity insurance legal system.This article from the concept of maternity insurance legal system and basic content, firstly, giving a brief overview of maternity insurance including its conception, characteristics and composition, expounding the necessity of the maternity insurance legal system. Secondly, pointing out the present situation and existing problems of our own country. Then, from some legislation and regulations of international labor organization and some typical countries, founding their advantages and using as reference. Finally, putting forward some suggestions to perfecting our country’s legal system of maternity insurance.