Research On Legal Issues About Unemployment Insurance System

Unemployment insurance system is the good measure to ease the pressure of unemployment and weaken the risk of unemployment. The theories of unemployment insurance continue to be enriched, which provide the basis for the national specific practice. The paper starts from the basic theories of unemployment insurance system and summarize legislation evolution of unemployment insurance system in china. In terms of equity and efficiency, the author analyzes the defects and the reasons for them of unemployment insurance system. Propose legal response to improve unemployment insurance system in China that is in terms of legislation, implementation and legal relief. The paper points out that the modern unemployment insurance system in china is from the "Regulations on Unemployment Insurance" in 1999. The legal basic framework had been established during the more than ten years. Accomplishments such as expanding the scope, increasing the premium etc are achieved. But there are defects and shortcomings that go against fair and efficiency. We need to speed up the building of the legal system of unemployment insurance system in china in order to achieve rule of law. We need formulate "Unemployment Insurance Act" so as to there are rules for the operation of the unemployment insurance system to go by. Implementation mechanism on management system, fund operation and employment promotion need to be strengthened urgently. Legal remedies for the protection of unemployment insurance benefits are essential and need to be further improved.The text is divided into four parts.Part one introduces the basic theory on the unemployment insurance system and legal issues about it. Unemployment insurance system is a social insurance system that the government establish unemployment insurance fund compulsively through legislation and provide material assistance and employment assistance for workers who interrupt sources of income due to involuntary unemployment. Unemployment insurance legal relationship is of staggered and complex features due to the diversity of subjects of legal relations. The most basic unemployment insurance legal relationship is the payment for unemployment insurance benefits between unemployment insurance agencies and the unemployed. the legal philosophy basis for establishment of unemployment insurance system lie in protection of human rights, social justice and the Marxist ideology of unemployment protection.Part two outlines historical development and current situation of legislation of unemployment insurance system in China. In 1986, Chinese government promulgated the "Provisional Regulations on Unemployment Insurance of state-owned enterprise employees", which is considered as the embryonic form of unemployment insurance system in China. The author thinks that the modern unemployment insurance system in china is from the "Regulations on Unemployment Insurance" in 1999. The legal basic framework had been established during the more than ten years. The legal elements of the unemployment insurance system include object of application, financing model and qualifications of enjoying, standards and period of unemployment insurance benefits. We make the legal institutional arrangements to achieve optimal combination of these elements and maximize the social function of the system.Part three analyses the defects and the reasons for them of unemployment insurance system in terms of the legal philosophy. The current overall situation is that unemployment insurance system in china is still at a low level. Firstly, the coverage area of unemployment insurance system is narrow; Secondly, the replacement rate of unemployment insurance benefits is lower and the overall level of unemployment insurance benefits is not high. Nevertheless, this low level of the unemployment insurance system is largely compatible with the national conditions of China. The defects and shortcomings those are against the fair or fail to efficiency can not be ignored. Performance and the reasons against the fair: flat-rate mechanism is not fair; coverage of the system is narrow; regional development is unequal; the phenomenon of hidden employment arises. Performance and the reasons for failing to efficiency: firstly, the collection and spending of unemployment insurance funds are all efficient; secondly, the function to promote employment is insufficient obviously. Adhering to "fair-based, taking into account efficiency", we advance timely the reform of the unemployment insurance system.Part four offers legal measures to improve the unemployment insurance system in China. The realization of rule of law demands well-developed legal norms, at the same time unemployment insurance activities are conducted in accordance with laws and regulations. "There are laws to follow, sound the alarm bell." To achieve social equity is the value of unemployment insurance legislation. To promote employment is the basic orientation of the unemployment insurance legislation. We need to develop a comprehensive "Unemployment Insurance Act." based on the basic national conditions of China. Strengthen the implementation mechanism of the unemployment insurance system: improve the management system; ensure the security of unemployment insurance funds; strengthen the function for re-employment. Unemployment insurance benefits are lifeline for the unemployed, so legal remedies are more essential.In summery, the thought of the paper is to explain the basic theory, then describe the development and current state of the system, analyze deficiencies and the reasons, finally put forward measures to improve it. The paper applies theories and information on the law, philosophy, sociology and economics to make research on law system of unemployment insurance in china. The author looks forward to contribute to the establishment and development of unemployment insurance system under the new situation, expect the new unemployment insurance system adjusts to macroeconomic coordination and adapt to changes in the labor market so that it can give full play to the social function that is "reservoir" of the labor force and "regulator" of economic development.