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我国改革开放20年来,经济体制改革不断深化,国家宏观调控方式也不断调整。其中一个主要方面就是更多地以法律手段代替行政手段、以法制代替人治。当前,客观形势要求生育保险早日纳入法制化轨道,以保障生育女职工的合法权益。 一、生育保险立法的意义 中国共产党一成立就十分重视妇女权益保护问题。建国初期,原政务院1951年2月26日公布的《中华人民共和国劳动保险条例》对女职工生育保险作出了具体规定;随后在不同经济发展时期国家都制定了相应的法规,以保障女职工的政治、经济及社会地位。据不完全统计,建国以后我国颁布有关妇女权益保护的法规达19件。特别是改革开放以来,为了促进现代企业制度的建立,1994年八届人大常委会通过了《劳动法》,对社会保险的国家责任、制度
In the two decades since China’s reform and opening up, the reform of the economic structure has been deepening and the macro-control measures of the state have been constantly adjusted. One of the major aspects is replacing legal means with administrative means more and replacing the rule of man with the rule of law. At present, the objective situation requires that maternity insurance should be incorporated into the legal system as soon as possible so as to guarantee the lawful rights and interests of the employees of maternity and childbirth. First, the significance of the legislation on maternity insurance As soon as the founding of the Chinese Communist Party attaches great importance to the protection of the rights and interests of women. In the early years after the founding of New China, the former State Council’s “Labor Insurance Regulations of the People’s Republic of China” promulgated on February 26, 1951 made specific provisions on maternity insurance for female employees; subsequently, all countries have formulated corresponding laws and regulations in different periods of economic development to protect female workers Political, economic and social status. According to incomplete statistics, China has promulgated 19 laws and regulations on the protection of the rights and interests of women since the founding of the People’s Republic. Since the reform and opening up in particular, in order to promote the establishment of a modern enterprise system, the Standing Committee of the Eighth National People’s Congress of China adopted the Labor Law in 1994, regulating the state responsibility and system of social insurance