Historical Investigation On Unemployment Legal System Of U.S.A. And Drawing Experience For Reference

Unemployment insurance, the crucial ingredient of one country's social security system, plays an important role in keeping society stable and economy developing, and which could improve citizens' welfare by helping individuals surviving from the possible unemployment, securing them against the income instability. The Unemployment Rules promulgated in May 22, 1999 made China's uniform regulations on unemployment insurance issue of all employees in urban area available and establish China a legal and standardized unemployment insurance system. The deficiency of the system and newly emerging problems in unemployment insurance affairs caused the unemployment insurance of China jammed. Noticing the benign principles and well-running experiences of the unemployment insurance system in U.S.A., the thesis examines the foundation and characteristics of it and draw valuable references from it, and aims at proposing a way perfecting China's unemployment insurance system that adapt to the practical situation in China.The first part of the thesis introduces the historical evolution of America's unemployment insurance system in the period previous to 1970s' and investigates the system in three aspects: background, system evolution and functions, from which the conclusion that the system would evolve keeping pace with the society development is summarized.The second part studies the characteristics and the causes of the characters of America's unemployment insurance system pre-1970s'. Developing for years before 1970s', the unemployment insurance system in U.S. possessed the following traits: a combination of late-forming and fast-developing in law-making; a coexistence of justice and efficiency; a joint of uniform management and self-determination; and a market subsidy model. The mighty economic power, developed market economy, federalism and the jurisprudence of liberalism and individualism.The third part illustrates the modernization of America's unemployment insurance system. Entering 1970s', U.S government modernized its unemployment insurance system to unburden the heavy finance pressure, and to tackle with unemployment insurance's unfavorable impact on national economy and to challenge employment problems. Localization and privatization are the content of the modernization, and the system is transformed to run under the principle of combing job welfare and employment promotion, for which America realized sufficient employment and stable development of economy simultaneously.America's experience in unemployment insurance system that could be used as reference is recommended in the forth part of the thesis. The proposal offered here, drawing experience from America's practice and analyzing the problems existed in China provides a primary legislation suggestion, which purpose establishing legal system of unemployment insurance in China, making special Unemployment Insurance Law, promoting implement of Employment Promotion Law, and help founding the unemployment insurance system that encourages employment.