Unemployment Insurance Law Research

Unemployment is an inevitable result of the modern market economy, but it greatly affects the development of social economy and stability of social order. To establish and improve the system, therefore, is the important guarantee for a country's lasting stability and durable peace. This paper starts with the basic theory of unemployment insurance system, reviews and comments on the unemployment insurance systems at home and abroad ,and it presents the countermeasures to improve it .The paper includes three sections ,total 35th words.Section 1 mainly introduces the basic theory of unemployment insurance system including: definition of unemployment; definition, types and future of unemployment insurance; definition and future of legal relation of unemployment. It argues that the future choice of unemployment insurance system should be like this: insurance is raised through multi-channels, unemployment is dually guaranteed, unemployment insurance expense are jointly paid by three parties, and passive insurance and active insurance are integrated.Section 2 by analyzing unemployment insurance systems in foreign countries, it is found that the most countries in the world adopt compulsory system. They have many good experiences which we can learn from such as the regulations and laws in the fields of fund sources, enjoying conditions, time restriction on unemployment subsidies, management system and legislation of connecting and matching unemployment insurance and reemployment process. Likewise, many lessons should be drawn, for example, social insurance and guarantee capital's depends much on state taxation, welfare standard is high, and so on. Looking back the history of our unemployment insurance system, we can conclude as follows: though over ten years' development, the system has been greatly improved in both the basic concepts and specific legal system. However, the following deficiencies should be improved: in the level of value, the principle of fairness being violated in the existing unemployment insurances; in thelegal situation legislation level and legal effectiveness are lower, and legal duty is not perfect enough; the measures of promoting reemployment are nearly nothing; the management of unemployment insurance lacks oneness and authority; the level if raising unemployment insurance fund and its treatment are lower; the definition of unemployment isn't correct enough; the granting of unemployment relief fund is out of control.Section 3 is the difficult and key part of the whole paper, focus on discussing how to improve our country's unemployment insurance system .specific countermeasures to improve the system are presented as follows: constituting unemployment insurance law establishing and amplifying safe -guard system of the law; establishing that judies is the first in the level of value; definite unemployment and the qualification of gaining unemployment insurance, reasonably enlarging the scopes of insurance; intensifying and promoting the function of reemployment to realize the combination of unemployment insurance and reemployment promotion; enforcing raising insurance fund and fully exerting the fund's use benefit ;improving its systems of management and supervision to realize scientific management, keeping the fund safety and development..