On Employment Insurance Legal System Of Japan

Since the Industrial Revolution, the great economical depression has appeared unceasingly. The unemployment question following the economical development, the technical progress has been puzzling the modern country's economic system. Whether to solve the unemployment problem not only relates the unemployed's basic life, but also relates the social stably, the economical sustained development. Therefore many countries put the solution of unemployment in the first place of a country's economy and social policy attention. As an important component of a country's social security system, the unemployment insurance not only helps individual to resist the unemployment risk which possibly happens in the social life, eliminate the uncertainty of the people's receive, and improves people's welfare condition, but also plays a positive function in maintaining the social stability and the economical sustained development. Our country officially promulgated "Unemployment Insurance Rule" in May 22,1999. It uniformly regulates all the enterprises and institutions staffs unemployment insurance question in cities, and makes our country's unemployed insurance system move toward the legalization and standardization, and then plays an important role for deepening economic restructuring, maintaining the social stability. Because our country's unemployment insurance system starts late, in addition to special national condition, many problems have appeared. But Japan gained rich experience in the establishment of employment insurance law system. Besides, both China and Japan date have common historic tradition. Therefore this article from the Japanese employment insurance law system's historical vicissitude, attempts to analyze the Japanese present employment insurance law system's characteristics and the origin, and thus reasonably profits from the Japanese employment insurance law system's experience, and consummating the Chinese characteristic unemployment insurance law system.This article altogether is divided into four parts: The first part is the inquisition about the Japanese employment insurance law system's vicissitude. Mainly from the formulation of "Unemployment insurance Law" in 1945, the releasing of "Employment insurance Law" in 1974, as well as the revision "Employment Law of insurance" since 1980, it carries on the inspection to the Japanese employment insurance law system. Then it obtains in Japan from "Unemployment Insurance Law" to "Employment Insurance Law" the evolution develops along with the social development.The second part carries on the inquisition to the Japanese present employment insurance law system's characteristic and the reason. On the base of historical evolvement, the Japanese present employment insurance law forms the following characteristics:The establishment of the new idea about unemployment prevention and employment promotion; The two big props' establishment of employment insures; Necessary consummation legal framework; the establishment of classified burden pattern; The innovation of employment continuous payment system; the establishment of centralism and dispersed phase union management pattern; The balance of fair and efficiency in insurance benefit payment. These characteristics' formation is mainly as a result of the influence of the new technological revolution's appearance and the production technology's innovation. At the same time, it has also learned the Western countries'unemployment insurance law system's reform experience, complied with the aging, the youngest son national condition, more lightened the government finance burden, and unified the experience of lifelong employment system. Then the government did the legal adjustment for dealing with the structural unemployment.The third part is about the present Japanese employment insurance law system's effectiveness inquisition. As a result of the successful implementation of employment insurance law system, Japan's unemployment rate is the lowest in the developed capitalist country in a long time. Through the unemployed's unemployment relief, and promoting employment three big service's implementations, Japan's employment insurance law system not only has safeguarded the unemployed's basic life, but also achieve the goal of preventing unemployment through paying great attention to improve worker's quality, and the enterprise also benefits from the high quality workers. The Japanese employment insurance law system has accomplished the Japanese society long-term stability development, and simultaneously the society's stability also promotes the economical steady development.The fourth part explores the present Japanese employment insurance law's enlightenment to China. This part is on the base of summarizing the first three parts, unifying our country present unemployment insurance law system's difficult position, proposes some preliminary legal conception. On the base of analyzing the existence flaw, combining the Japanese employment insurance law system introduced before, the final foothold lies in how to consummate our country's unemployed insurance law system, formulating independent "Unemployment insurance Law", advancing the realization of "Employment Promotion Law", strengthening the raise, the management and the supervision of unemployment insurance fund, consummating the employment promotion unemployment insurance law system.