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Unemployment Insurance Legal System

Posted on:2004-09-07Degree:MasterType:Thesis
Country:ChinaCandidate:J L ZhuFull Text:PDF
GTID:2206360095456337Subject:Law
Abstract/Summary:PDF Full Text Request
Unemployment is an inevitable phenomenon under market economy, appropriate unemployment will maintain the economic vitality, but a large scale unemployment will shock or even deteriorate economy. With deepening transformation of Chinese economic system, a high quantity unemployed will appear which invoke the attention of society. This article tries to advance the perfection proposals to our current unemployment insurance system through a systematic analyze of fundamental theory and practices of unemployment, unemployment insurance and its system. With 35 000 Chinese characters, the article consists of four parts.Part Ⅰ: Unemployment and unemployment system. Unemployment and unemployment system are one thing's two sides. Compared with employment, unemployment is also a historical concept, which means concerned party loses main opportunity of participation to social life, but unemployment system appeared later. Unemployment insurance has not only the function of maintaining the workers lowest life standard, reducing the unemployed dependence to salary in order to preserve their dignity, reduce life pressure during the unemployment period, provide the buffer time, but also the function of automatic stabilizer of economy through reducing secondary unemployment and promoting employment.Part Ⅱ: Construction of theoretical basis of unemployment insurance system, accompanied with transformation of economic system and restructure of economy, some workers are unemployed. The development of science and technology is not only replacing input of workforce, but also imposing higher requirement to workers' global quality. It means the unemployed is out of social structure to become a social vulnerable group, but as members of society, they are incorporated, besides personal interest, social interest, a more important interest, which is originating from personal interest. A modem civilized society demands the preservation of everyone's fundamental rights. As sub-system of social security system, unemployment insurance system's theoretical basis is the protection of social interest incorporated in the unemployed and the research of the value of fairness.Part Ⅲ: Analyze of constitutive factors of unemployment maintenance system. This article analyses several essential factors. Under the restraints of historical and social economic affordability, we should be cautious in including the peasants into the coverage of unemployment insurance system. Concerned the channel of funds origin, government, enterprises, individuals should each take correspondent responsibility. Concerned fixation of insurance premium rate, we should take the form of experienced premium rate system, taking into account of workers and enterprises affordability and of sufficiency of the funds.Started from our country's particular historical period, the reference of unemployment compensation should be a system combining "earning-related" and minimum standard of life insurance.Part Ⅳ: Reflection of our country's unemployment insurance system and refinement. Our country has experienced four periods in unemployment insurance system, we can generally divide it into two periods: traditional unemployment insurance system and current unemployment insurance system. The government did not take its responsibility due to characteristic of "enterprise standard" of payment subject transfer, its substance is "employment insurance", which is an arrangement of efficiency deficiency. Compared with traditional unemployment insurance system, current unemployment insurance system has developed in terms of scope of application, channel of funds, collection levels, conditions and procedures to obtain unemployment compensation, supervision and punishment. With social development, we should change and refine some clauses, which are outdated. The scope of coverage should cover all the workers in cities. From the perspective of fairness, we should apply the differential rate according to sectors, change the basis of its accounting and distribution, resolve th...
Keywords/Search Tags:Unemployment
PDF Full Text Request
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