| Maternity leave is one of great significance for eugenics and the maintenance of workers’ rights and interests.However,China has no legislative provisions for maternity leave for a long time,and the basic legal issues of maternity leave are not clear,and the "maternity leave" system is implemented.This paper first systematically defines the concept of maternity leave.The "birth" in maternity leave should refer to "childbearing behavior".China’s legislation on maternity leave should use the reproductive behavior as the boundary to update the "maternity leave" system.Afterwards,taking the legal relationship of maternity leave as the starting point,it is demonstrated that the family-centered maternity leave legislation is the specific path to establish and improve the maternity leave system in China.The article introduces the development process of the French and Japanese maternity leave regulations in modern times,and compares the current regulations on maternity leave in China.It analyzes the basic legal problems of the current maternity leave in China,and the contradiction between the traditional maternity system and the current fertility policy.The problem,through the argumentation of the family-centered legislative model theory and practice,believes that family-centered maternity leave legislation is China’s methodology to solve these problems.The article puts forward the specific proposal of perfecting the legal system of maternity leave with family as the center.It is necessary to improve the legislation on the subject,object and content of the maternity leave legal relationship,so that the setting center of the maternity leave is placed on the family rather than the female-specific leave right.At the same time,it will aggravate the main responsibility of the state and the government in the process of establishing and guaranteeing the maternity leave,in order to achieve the goal of China’s current birth policy and the legislative purpose of protecting women’s employment rights. |
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