Research On Employment Assistance Legal System Of PRC

Employment assistance(here in after referred to as EA), the system is a new kind of special social relief system. Compared with the traditional social assistance, which can be see as “empowering” assistance, Development-oriented aid" and the fundamental solution. At the background of eliminating poverty accurately and guarantying citizen's decent work, To Research the basic theory, development situation of Employment assistance, to sum up the experiences of foreign development and to put some suggestions to solve the institutional defects of our country. This process has a theoretical value and practical significance.EA is part of the social security system, which is with double attributes of employment promotion and social assistance, mainly aimed at helping the national employment difficult groups(here in after referred as to EDG) to get job. The government and the society provide targeted assistance measures, such as enact special assistance policy, develop the public welfare jobs, and provide job training, employment services.EA is not only one way of employment promotion, but also it is a special social relief system. On the one hand, through the implementation of employment assistance measures, it can effectively help EDG to get job. On the other hand, as a special social relief system, it is an empowering Social relief means. Its implementation will help overcome the defects of “blood transfusion”, which is designed to directly provide supplies to vulnerable groups. It is considered to be more positive means of relief, which can help solve the problem of welfare dependence.EA system in our country has basically formed by the national law and local regulation?EA has been stipulated in "Employment Promotion Law" and in "social relief interim law". But it still remains unclear in legal attribute, government responsibility is not clear, object recognition is not scientific, Measures is not reasonable and lack of procedural problems.This paper, starting from the existing defects of legal system, adopted the comprehensive research methods, which included Research method of law, and closely refer the existing research results of EA in sociology, public management, political science and other disciplines. Integrated used the compressive methods of hermeneutics, comparative study, historical research and the empirical research. Comprehensively researched the basic theory of EA, The experience, the EA system of the main western countries, and based on the analysis of the status of our country's legislation. The paper respectively analyzed from the government responsibility of EA, the EDG authentication system and the System of EA measures. Found problems of EA in our country. And put forward related Suggestions to solve these problems. The dissertation is divided into six chapters apart from introduction and conclusion.Chapter1 analysed the attribute of EA. believed employment assistance is a kind of social security system with attributes of social relief and employment promotion. On the one hand, the social relief attribute is obvious, its implementation contains the concept of "development-oriented aid”, this idea can help overcome the welfare dependency, and promote the social assistance system. On the other hand, it also has the employment promotion attributes, its method is to help EDG get job. Secondly, the paper using the method of etymology to summarized the concept of employment assistance. The EA is considered as Activities and the system, which is carried out by the state and society aimed to help the EDG get job and completely out of the woods. Besides, analyzed the theoretical basis of EA, believed its theoretical based on the human rights of “Live with dignity", the Substantial justice and the theory of National responsibility.Chapter 2 discussed the employment assistance system in the west, and generalized the enlightenment. First of all, the article analyses the western welfare reform, believed the EA existed in the whole western welfare system reform process, and are seen as the tool and means of reform. Greatly help the western countries overcome the problem of "welfare dependency". Secondly, the essay analyzed the EA origin and the main contents of the United States, Britain and Germany, and concluded the worthy experiences to improve our EA system. The worthy experiences concluded: One is to fully realize the importance of employment assistance legalization; Second is to build the responsible system of government leading, diversified aid responsibility; third is the EDG's scope should be comprehensive and the fourth is to emphasize recipients responsibility and the system operability.Chapter 3 analyzed the history and the existing system in our country..Firstly analyzed the development of the system of EA in our country. Believed it began from ancient, develop and mature in modern times. In its modern its development has experienced the start, development and improvement three stages. Through access to relevant information, the paper found some experiences and the insufficiencies in this development process. The Experiences mainly includes: Combining production assistance and life assistance; Gradual legalization; EDG'S timely adjusting and Based on the labor market. The main deficiency is insufficient degree of institutionalization. Suggested we should s inherit the good experience, to overcome the deficiency. Second, mainly analyzed the relevant national and local norms and found some defects of our EA legislation. The deficiencies of National legislation can be see from follows: the number of legislation is less; the content and legislative technology are not mature enough; The legal attribute of EA is not clear. Defects of local norms contain: Legislative level is low; the EDG's scope is different; the Turn authorization failed and exist Secondary authorization and Lack of normative.Chapter 4 probed into the government responsibility of EA. Firstly, believed government e responsibility is the need of Protecting human rights, Achieving substantial justice, and Ensuring EDG's employment rights and Build a service-oriented government. Secondly, the government responsibility should be placed as a major responsibility, and other subjects undertake the supplementary liability. The government responsibility type Mainly includes: responsibility of supplying regulation, supplying Money, Managing and implementation. Then found all sorts of problems of government's responsibility. Which just like: Insufficient institutional supply; Regulation is not specific; the EA money lack of independence; the central and local responsibility is not clear; Responsible authority is unknown; Equipment and manpower is insufficient. In view of the problems existing employment assistance of government responsibility, believed should be from following aspects to perfect: formulate Special employment assistance provisions; Urged local governments to carry out the responsibility and improve the related legal system. The second is for money supply responsibility, the paper suggested: build A single EA budge; To enhance investment of the central government; Three is for the problems of implementing and managing responsibility, the paper suggested: Improve EA management system; Clear management department, and Give it authority; At the same time, in order to alleviate the single state power, Suggested to build EA responsibility system, which composed by the dominated state and complementary Society.Chapter 5 analysed the laws and regulations, standards, based on which the object scope of EDG. Firstly, paper analyzed the EDG's rules. And found the problems: the legal attribute is not clear; the local government has not fully implement the central authority; and exist some legislation defects. Secondly, the essay analyzed the existing standards and scope of EDG. Found some defects: Standards are not clear, not comprehensive; Scope exist problems of closeness and repeatability; Lack of procedure and dispute resolution mechanism. aiming at the shortcomings of the EDG recognition system, the paper put forward: Firstly, consummates the EDG's of the law; The second is to increase the subjective cognizance standard;and l further improve the objective standard; the third is to overcome the EDG's closed questions, suggested: Using the model of "generalization + list" for provisions; Still need to extend EDG scope; The fourth is to perfect the existing program, And set the dispute settlement procedures and Right remedy mechanism.Chapter 6 mainly discussed the system of employment assistance measures. First of all, the paper analyzes the regulations, and summing up the measures including public employment services, vocational training, “employment- low linkage” measure, public welfare jobs, Concentrated employment placement. Secondly, the thesis analyzed the deficiencies of EA measures., in view of the existing problems of EA measures, the paper put forward Suggestions to improve them one by one.