我国生育保险的立法进程与完善

The Legislative Progress and Improvement of Maternity Insurance in China

人口再生产是人类社会赖以存在和发展的支柱,生育繁衍历来是人类社会的头等大事。生育保险不仅使家庭在经济上获得一定数额的补贴,而且使生育女性能够保持收入和重返工作岗位。我国的生育保险可以追溯到革命战争时期,建国后的生育保险立法与新中国同步。改革开放前,生育保障实行用人单位责任制,各项费用都由所在单位负担。改革开放后,由于企业生育女职工所占比例和经济效益不同,导致企业为减少生育开支不愿或少招用女职工。自上世纪80年代起,国家开始生育保障改革,农民工的生育保险成为社会关注的热点。在《社会保险法(草案)》中,"生育保险"仅有六个条文,难以满足应有之需。

Population reproduction is the backbone of human existence and development. Fertility reproduction has been the most important thing in human society. Maternity insurance not only provides the family a certain subsidies, but also assures that women can keep their jobs and earnings. Maternity insurance in China may date from Revolutionary War period. After the founding of the PRC, maternity insurance develops in company with new Chi- na. Before implement of the reform and opening-up policy,the employing units were responsible for paying the maternity insurance. After implement of the reform and opening-up policy, the employing units began to employ few female workers in order to reduce the costs of maternity insurance. The Chinese government began to reform maternity insurance since 1980s. After that, the maternity insurance of migrant workers has become a focus of the whole society. There are only six articles about maternity insurance in the Social Insurance Law Draft, which cannot meet the needs of reality.