A Research On China's Unemployment Insurance Legal System

As the 16th National Congress of the Chinese Communist Party specified, establishing and advancing a social security system according with the economic development in China, is a prerequisite to secure the stability of society and politics. Unemployment insurance system, as a crucial part of the social security system, gradually attracts the Party and the nation's attention in its establishing and promoting unemployment insurance system and guaranteeing basic life for the unemployed and promoting their reemployment. After defining unemployment, the paper suggests four necessary elements in its definition, states the function of the unemployment insurance system in defending survival right and employment right, and advances that the unemployment insurance legislation should center on the labors' survival right and employment right before establishing unemployment insurance legal. Based on it, the paper further analyzes the defects in the existing unemployment insurance system and points out that the passive aspect of the current system, which only centers on living aid, lacks in promoting reemployment measures. Moreover, Unemployment Insurance Fund faces the difficult-levying problem and is not welcomed by both the companies and the labors, which eventually failed to come into operation. The author analyses the failure for three defects, the adoption of the unified rate for unemployment insurance fees, the unreasonableness of the qualifications for different treatment levels, and relatively low reward. To overcome these defects and perfect the unemployment insurance system in the aspects of levy and pay of Unemployment Insurance Fund and reward, the author believes that in the future the legislation of unemployment insurance needs to shift to positive employment promotion from the passive and over-simple practice of the present, strengthen the reemployment function of Unemployment insurance system and security of the labors' employment right, and establish the promoting reemployment institution to achieve the main goal that the unemployed can find their jobs as soon as possible.