Theory Of Unemployment Insurance In The Legal System And Perfect

Today, for every country, unemployment, inflation, lack of resources and environmental degradation are classified as the four major problems of economic development. In order to respond to and solve unemployment, modern nations all develop their economy greatly, meanwhile, they select and establish the unemployment insurance legal system.At present, China's unemployment situation is very serious, our unemployment insurance legal system exists lots of problems, and the function of our system has not fully released. Thus, optimizing and improving China's unemployment insurance system will be of great theoretical and practical significance. Whether China's unemployment insurance system can be improved to achieve system optimization or not? There is a big controversy in the field of theory and practice of unemployment insurance system. Some people believe that China's unemployment insurance system exists a lot of problems, and in our country, we should not use unemployment insurance to solve the problem of unemployment, we should abandon our existing unemployment insurance system and replace it with the other system. Some people believe that our unemployment insurance system should be adhered to, and the system can be improved. This paper endorses the point of optimizing and improving. Under this premise, this paper starts with the basic theory of the unemployment insurance system, describes China's current unemployment situation, then finds existing problems of our unemployment insurance system ,finally points out specific countermeasures to improve our system by comparing our system with other system.On the idea of this paper, we select traditional way of thinking, that is to start with the basic theory, then to analyze problems, and finally to solve these problems. On the approach of this paper, we adopt the methodology of dialectical materialism, to evaluate our unemployment insurance system objectively, to analyze problems of our system dialectically. We also use the methodology of comparative law, in order to obtain useful references to improve our system. The first part demonstrates basic theory of the unemployment insurance legal system. An overview of the basic theory is the theoretical premise of analyzing problems of our unemployment insurance system and finding countermeasures to improve our system. In the field of law, the concept of unemployment has different definitions, this paper introduces the definition which was defined by Iternational Labour Organization. Afer defining and classifying the unemployment, this paper states the general concept of unemployment insurance, and states unemployment insurance legal system and its various models. In the part, this paper highlightedly analyzes the theoretical foundation of unemployment insurance, and discusses the system value, clarifies the history development of unemployment insurance legal system at home and abroad.The second part points out existing problems of our unemployment insurance system. As a relief mechanism, unemployment insurance system is established to solve or relieve unemployment, so we should start fom the background of current unemployment situation to evaluate our system and look for its problems. In the part, this paper firstly describes our current unemployment situation, it can be demonstrated by: The unemployment rate has increased year by year .Hidden unemployment is. conspicuous and structural unemployment is dominant .Groups of new and old unemployment interactively coexist. Subsequently, in the stated context, this paper studies China's legal system of unemployment insurance, then identifies main problems of our system, these problems can be concluded: On the level of legal concept, the "unemployment" in the existing unemployment insurance system is defined unreasonably, "workers "and" laid-off workers "concept is obsolete. On the level of legal norms, the unemployment insurance has a lower level legislation, the unemployment insurance is lack of adequate system of authority. On the level of specific system, the scope of application is narrow, raising insurance fund is difficult, the management system and supervisory mechanisms is not sound, and promoting re-employment has not been fully reflected. On the level of Matching system, the unemployment statistics system should be amended, and organically be combined with other social security system, information monitoring and collection system is not established, unemployment registration system needs to be improved.The third part investigates legal system of unemployment insurance by methodology of comparative law." Stones from other mountains can be made into jade." This paper introduces the unemployment insurance system in the United States, Germany and Japan, the course of development and main contents of their system are briefly introduced. On this basis, we obtain useful references to improve China's system from the reality of our system, these useful references are: Unemployment insurance system should have a higher level of legal norms to support and enhance the system of authority, should try to expand the system scope , should strengthen the collection of funds, should emphasize the promotion of re-employment.The fourth Part points out our model choice to improve the legal system of China's unemployment insurance. In the part ,this paper analyzes these two points of "abandon" and "improve", on the basis ,this paper evaluates various patterns of the unemployment insurance system scientifically, then points out our system model selection from China's reality, our system model should be that: China's unemployment insurance legal system should be enforced by government ,our system should emphasize the promotion of re-employment on the basis of protecting basic life, and our system should have sound management system and supervisory mechanisms.The fifth part points out specific countermeasures to improve China's unemployment insurance system. Under the guidance of two goals of protecting basic life and promoting re-employment, we uphold these principles of the mandatory principle and social principle, learn from the successful experience of the countries, we can find practical responses to slove these problems of our system, these responses are: On the level of legal concept, clearly define "unemployment" concept, and amend "workers" and "laid-off workers" concepts. On the level of legal norms, enact" The Unemployment Insurance Law" as soon as possible, and raise the legislative level of the unemployment insurance system, and strengthen the system authority. On the level of specific system, expand system scope, endeavor to collect fund, improve the management structure and supervisory mechanisms, and emphasize the promotion of re-employment. On the level of matching system, improve the existing statistical system of unemployment, organically combine with other social security system, establish the information collection and monitoring system, and improve the unemployment registration system.