It Is Reasonable To Abolish Late Marriage Leave In A Gradual Way.

Late marriage leave has lost the reason for existence. It can be deleted in the local laws and regulations. But if the marriage leave is only 3 days legal, it will be difficult for people to accept it. If we use a formulation to say "extend marriage leave" directly, this is not only necessary but also reasonable and lawful.

The Standing Committee of the Hubei Provincial People's Congress recently passed the decision to delete the provisions of the Hubei provincial population and family planning regulations on "15 days holiday bonus for late marriage". So far, 31 provinces and municipalities in the national local legislation, decided to cancel the late marriage of two Guangdong and Hubei have been explicitly canceled, the legislative procedure still has to go to Beijing, Shanghai, Shandong three, and the remaining 26 provinces and municipalities have not yet made a decision.

Judging from the current situation, it is almost an inevitable choice to cancel local marriage legislation in the 26 provinces and cities in the future. In response, many people expressed their dissatisfaction or dissatisfaction and felt that although the abolition of late marriage leave was correct in legal sense, they should also consider the actual situation of the sharp reduction of citizen welfare. Experts also suggested that it is best to abolish late marriage leave in a gradual way, so that people can have a buffer and acceptance process.

One thing is generally accepted that late marriage leave is illegal. The intention of setting up a late marriage holiday is to encourage late marriage and late childbirth and control the population. However, after the state has made the decision to fully liberate the two child, it is not necessary to continue encouraging late marriage and late childbirth, but it also does not meet the policy requirements. This is a comparison of the eighteenth articles in the old and new population and family planning law. It is known that the provisions of the eighteen law of the old law that "the state stabilizes the current family planning policy and encourages citizens to marry and have late childbirth" has been deleted. Since the state has not encouraged late marriage and late childbirth, there is no reason to encourage late marriages. Therefore, Beijing, Shanghai, Guangdong and Hubei have decided to cancel the original regulations on late marriage.

Late marriage leave lost the reason for existence. Local laws and regulations It can be deleted, but if you really leave the marriage leave only 3 days, it is really difficult for people to accept. But from a legal point of view, it is not only necessary but also reasonable and legitimate if we use a formulation to say "extend marriage leave" directly.

The 15 day extension of marriage leave is "reasonable" because it reflects the aspirations of the majority of citizens. The abolition of late marriage leave means that the citizens' marriage leave suddenly reduced to 3 days from the past ten days or dozens of days, which cut off the "big head" of a welfare at a time, leaving only a "zero", which would make the newlywed couple very uncomfortable. Generally speaking, a wedding would be especially stressful, let alone a wedding celebration. Considering in some places and units, Paid vacation It is often difficult to implement strictly, and it is not surprising that citizens are saddened by the fact that they have been "cut off" for their wedding leave. It is in such a situation that it is very necessary to appropriately extend marriage leave.

The State Health Planning Commission has said many times that Marriage holiday It is up to the local governments to decide for themselves. There should be two meanings: first, the extension of marriage leave can be decided by the local people; two, the marriage leave can be extended, and the specific extension time is determined by the local people. From the national level, whether the marriage vacation should be extended should be unified throughout the country, and the length of time can only be extended by all localities. However, when the legislative research and decision is made in various places, the Wei Planning Commission should have a principled opinion in general, instead of letting it go all the way.

From a legislative point of view, extending marriage leave to replace the abolition of late marriage leave is also reasonable in jurisprudence. First, the abolition of late childbirth leave has been made up in the form of extended maternity leave, and the abolition of late marriage leave has also been abolished. Of course, the extension of marriage leave can also be used to make up for the holiday benefits of citizens properly. Two, the twenty-fifth amendment to the "population and family planning law" stipulates that couples who have children born in accordance with laws and regulations may receive rewards or other welfare benefits for extended childbearing.

Here, the reward for maternity leave originally obtained from late marriage and late childbirth has been extended by law, and other welfare benefits can also be determined locally. That is to say, if the Standing Committee of the Hubei Provincial People's Congress decided to cancel the original late marriage leave, but at the same time decided to extend the marriage leave for 15 days, that is also fully consistent with the provisions of the law and the spirit of the rule of law.