Research On The Legal Problem Of The Right Of Unemployment Insurance In China

With the implementation of the national "thirteen five" plan,China's economic development enters the new normal,supply side of the structural reforms in steady advance.According to the requirement of the reform of supply side to capacity,such as coal,iron and steel industry enterprise facing bankruptcy or reorganization,industrial workers also face the danger of unemployment.Can protect the unemployed insurance right of good workers not only relates to the unemployed personnel's basic life and again obtain employment,also related to social stability and national security.This paper will be based on the analysis of the unemployment insurance rights should be implemented "prevent unemployment,protect life,promoting employment",on the basis of three functions,with right subject,content,relief as the main line,the article discusses the legal problems of the laborers' right to unemployment insurance in our country to study:First,through the introduction of the concept of unemployment insurance rights,legal attributes and constituent elements of the unemployment insurance rights to accurately define the current status of domestic workers to protect the status quo,focusing on the protection of unemployment insurance rights should be realized"anti-unemployment,Promote employment "function,lay the theoretical foundation for the discussion of the remodeling of the rights system below.Second,the analysis of the right to unemployment insurance rights of the main body.The right of unemployment insurance as a kind of social insurance rights,in determining the main body of the right to its insurance rate and benefit rate to consider,and on this basis to establish the rights of the main body should be observed when the principle of the final combination of China's current unemployment insurance rights The main body of the main body of the scope of the adjustment and expansion.Thirdly,the three functions of "unemployment prevention,living and employment promotion",which should be realized by the protection of unemployment insurance rights,have been remodeling the existing unemployment insurance system.To optimize the right to claim for unemployment insurance corresponding to the function of "living with life",to add the right to post and turn the training right corresponding to the function of "anti-unemployment",and to perfect the re-employment training right corresponding to the function of "promoting employment".Fourth,explore the remedies of unemployment insurance rights.Firstly,it analyzes the types of unemployment insurance disputes and the current dualistic relief model.Secondly,it optimizes the existing rights relief,and aims at maximizing the rights relief to the unemployed according to the special rights of unemployment insurance.