On The Legal Issues Of Social Insurance For Platform Economy Practitioners

The rise of the platform economy has changed the traditional employment model,and the work of platform economy practitioners is more flexible and mobile,which makes it difficult for the employment relationship between platform economy practitioners and platform enterprises to be recognized as labor relations.In the context of China’s current system,the existence of labor relations is the premise of the application of the employee social insurance system,because the platform economy practitioners do not fully meet the characteristics of labor relations,resulting in their inability to apply the employee social insurance system with a higher level of security,and even some platform economy practitioners due to household registration,economic conditions and other factors,can not participate in the basic urban and rural residents basic endowment insurance and medical insurance,which means that if the platform economy practitioners encounter risks,the entire loss can only be borne by themselves.There are even survival problems.In recent years,with the growth of the scale of platform economy practitioners,the state has also attached great importance to the social insurance issue of this group and issued a series of policy documents,but from the legal level,there is still a lack of mandatory institutional guarantees,and the social insurance protection of platform economy practitioners is still in an uncertain state.The social insurance issue of platform economy practitioners involves their personal survival and development,the development of platform economy and social stability,and this issue has become a social problem that needs to be solved urgently,so it is necessary to conduct systematic research on the social insurance issue of platform economy practitioners.The theory of rights-based position,the theory of risk society,the theory of labor market segmentation and the theory of social fairness provide a theoretical basis for the construction of the social insurance legal system for platform economy practitioners.The international legal system on the application of social insurance for platform economy practitioners provides reference for China’s construction of a social insurance system for platform economy practitioners.For example,Italy has refined the types of insurance,Canada has established economic dependency recognition standards,and Malaysia has established an independent insurance system for occupational injuries.As a new economic form,platform economy plays a huge role in promoting employment and promoting economic development,so while improving the social insurance protection level of platform economy practitioners,it is also necessary to take into account the economic affordability of platform enterprises to ensure the sustainable development of platform enterprises.Compulsory insurance participation can improve the social insurance protection level of platform economy practitioners,but if the scope of compulsory insurance participation is too large,it will lead to platform enterprises bearing excessive economic burdens,so it is necessary to set compulsory insurance participation standards for platform economy practitioners,and require platform enterprises to bear part of the payment responsibility for platform economy practitioners who meet the standards of compulsory insurance participation.In addition,China’s current employee social insurance requires unified participation,but if it is required that platform economy practitioners who meet a certain standard must be compulsory to participate in all types of insurance in the employee social insurance system,it will also lead to excessive economic pressure on platform enterprises,so it is necessary to comprehensively consider the functions of different social insurance,the degree of demand of platform economy practitioners and the development interests of platform enterprises,in accordance with the principle of gradual participation in insurance,and at the same time adjust the payment base and rate according to the characteristics of platform employment.In order to further improve the insurance participation rate of platform economy practitioners and adapt to the high mobility of platform economy practitioners,it is also necessary to optimize social insurance public services and connection systems.