| 摘要: | 日本與台灣兩國的發展一直有其相似之處。在面對男女不平等以及社會價值中男尊女卑所衍生出的問題也非常相似，其中關於育兒立法的原因與背景也有高度相似性。面對兩國育兒休假制度的立法推動與發展過程，本論文提出三個研究問題：一、日本與台灣兩國在育兒休假制度立法過程中，其政治過程為何？有何異同？二、日本與台灣兩國育兒休假制度立法過程中，其內容與適用對象有何變化？三、日本與台灣兩國育兒休假制度的政策效果與外溢效果為何？有何異同？針對上述三個研究問題，本文的研究發現如下：台灣《性別工作平等法》和《育嬰留職停薪實施辦法》的法規，起初是因為婦女團體的積極推動，爾後在我國民主化和政黨政治轉型後才得以通過。日本則是在日本教職權組合提倡跨黨派的「議員立法」方式下通過《育兒休業法》。台日的共同點在於都是以公務人員適用優先，之後帶動風氣普及至民間企業。第二，台灣勞委會迫於民意和立委的施壓下提案，日本則是跨黨派的提案，意味著執政黨都不願意積極推動育兒相關法案。但更多的差異在於，日本早台灣25年通過相關法規，以及日本探討育兒休假時有補助津貼，但台灣沒有。台灣必須等到《就業服務法》修法後才有育嬰津貼的立法。第三，台灣以兩性平等制定的法律，日本則是著眼於未來高齡化社會和少子化趨勢制定育兒法，日本也有類似兩性平等法，但與育兒法之間的概念不同。
The development of Japan and Taiwan has long exhibited similarities. Both countries have faced similar challenges regarding gender inequality and the cultural belief of male superiority, which have given rise to related issues. This parallelism extends to the reasons and background behind the legislation of parental leave, as there are striking similarities in the promotion and development of the parental leave system in both nations.
In this dissertaion, three research questions are proposed regarding the legislative process and development of parental leave systems in Japan and Taiwan. Firstly, what are the political processes involved in the enactment of parental leave legislation in both countries, and how do they differ? Secondly, how have the contents and coverage of parental leave legislation changed over time in Japan and Taiwan? And finally, what are the policy effects and spill-over effects of parental leave systems in both countries, and how do they compare?
The research findings are as follows: In Taiwan, the introduction of the "Gender Equality in Employment Act" and the "Implementation Measures for Maternity Leave without Pay" was initially driven by the active advocacy of women's groups. These laws were eventually passed after Taiwan's democratization and transition to party politics. On the other hand, Japan passed the "Childcare and Family Care Leave Act" through a cross-party approach advocated by the Japan Teachers' Union. Both Japan and Taiwan prioritized public employees when implementing parental leave policies, and later, this practice spread to private enterprises.
Secondly, in Taiwan, the proposal for parental leave legislation was propelled by public opinion and pressure from legislators, while in Japan, it was a cross-party initiative, indicating that neither ruling nor opposition parties actively promoted parental-related bills. However, there are significant differences between the two countries. Japan passed relevant regulations 25 years ahead of Taiwan, and Japan discusses the provision of subsidies and allowances for childcare leave, which Taiwan lacks. Taiwan had to wait until the amendment of the "Employment Services Act" to introduce parental leave allowances.
Lastly, while Taiwan formulates laws based on gender equality, Japan focuses on the future challenges posed by an aging society and declining birth rates when enacting parental leave laws. Although Japan also has laws related to gender equality, they differ from those regarding parental leave in their concepts and objectives. |
