Study Of China's Migrant Workers Unemployment Insurance Laws

Since the policy of reform and opening up, along with the acceleration of the industrialization and urbanization process in China, more and more rural labors have moved into the city. As they worked at the non-agricultural productions while maintaining the status of farmers, the so-called rural migrant workers in cities was formed. At present, rural migrant workers have become a special large-scale social group, and an important strength that promotes the development of society and economy. At the same time, the separation of urban and rural social security system in China which takes urban social security as the core makes the lack of rural migrant workers' rights and benefits serious increasingly. Their serious flaw of social security and the uncountable wealth that they have made for our country form the enormous contrast. Only on the unemployment security, rural migrant workers face higher risk of unemployment than city workers because of high fluidity. But rural migrant workers are unable to obtain the fair social security, and have to live a poverty-stricken life without any security after unemployment. As an important part of social security system, and also a most effective technology recognized by international society to solve the unemployment problem at present, the unemployment insurance system should give the fair protection to this huge disadvantaged group- rural migrant workers.It is a pity that Regulations on Unemployment Insurance in our country has exposed a lot of serious problems. This negative unemployment preventive measure with many restrictive conditions has already could not satisfy the realistic demands in practice, although it integrates rural migrant workers in form. Compared with other social security projects for rural migrant workers-including endowment insurance, medical insurance and so on, the unemployment insurance for rural migrant workers has become one of slowest-developing domains of social security system in our country at present. The unemployment insurance for rural migrant workers has serious difficulties on both legislation and operating practice, and even on the flaw of fundamental research. Therefore, the research on the legal problems of unemployment insurance for rural migrant workers in China has important value and discussion space, because of practical and theoretical significance.Under this background, based on the domestic and foreign research results, the article starts in elementary theories of rural migrant workers and unemployment insurance system, and then analyzes the current situation and problems of unemployment insurance legal system for rural migrant workers in our country. It goes on to analyze the necessity and feasibility of unemployment insurance system's construction for rural migrant workers. After that, the article summarizes international experiences which have model significance to our country by international comparison research on the unemployment insurance legal system for rural migrant workers. At last, on the basis of massive investigations and real diagnosis research, the article further proposes the basic mentality and suggestions to construct unemployment insurance legal system for rural migrant workers in our country. About the research method, the article adopts many kinds of method including the normative research and the real diagnosis research unified, the quantitative investigation and the qualitative analysis unified, and simultaneously uses other methods including the comparison analysis and so on.The full text have seven parts: the first part-introduction, elaborates the background and the significance of this topic, the literature review, the research mentality and method, and the innovation and limitation; the second part-elementary theories of rural migrant workers and unemployment insurance system; the third part-the current situation analysis of unemployment insurance legal system for rural migrant workers in our country. This part tries to evaluate the legislation and operating practice of unemployment insurance for rural migrant workers in China, and then summarize problems of the current system and analyze the reasons by real diagnosis investigation research on Beijing and Shanghai; the fourth part- the necessity and feasibility analysis of unemployment insurance legal system's construction for rural migrant workers. This part stresses in the feasibility analysis, and uses multi-disciplinary knowledge including sociology, statistics and so on; the fifth part-the international comparison research on the unemployment insurance legal system for rural migrant workers and the model significance to our country. This part analyzes the international experiences on legislation and operating practice, and then summarizes their model significance to our country for next system reform; the sixth part-the basic mentality of unemployment insurance legal system construction for rural migrant workers in our country. This part first determinates clearly the model choice and basic principles of unemployment insurance system construction for rural migrant workers, then carries on the system design to concrete items, finally puts forward some proposals to the necessary mechanism construction. These measures involve to many policy adjustment, and some aspects are focal points argued in the theorists and the practical realm even now, for instance the model choice of unemployment insurance for rural migrant workers, whether the commercial insurance company participate in operation and so on. The article tries to propose own viewpoints to those questions without final conclusions; the seventh part-conclusion.