The Improvement Of Our Country's Unemployment Insurance Law Systems Under The Orientation Of Prompting Employment

Promoting employment and guaranteeing life of the unemployed are the two basic functions of the unemployment insurance law systems. During their legislation and implementation, the two basic functions of unemployment insurance law systems always fail to realize equally at the same time as a result of the different values, the restriction of limited resources and the different emphasises of legislative angle or the deviation from specific implementation, which makes the unemployment insurance law systems represent different orientation, which are either promotion-oriented of employment or the security-oriented of life.Because of the imperfect development of market economy and the low level of economic development in China, our unemployment insurance legal systems prefer the basic life security for the unemployed, lacking of the reasonable designation and proper arrangement for function of the promoting employment, and the enforcement doesn't sound good.Reasonable unemployment insurance legal system is the"booster"of achieving full employment, the unreasonable unemployment insurance legal system will also hinder the employment. Life security is just the means and temporizing measures of ensuring temporary social stability, while promoting the employment of the unemployed so that they can obtain the life stability and personal grace and dignity through working is to promote long term stability. Consequently, the unemployment insurance legal system is not only"safety net"and"shock absorber"to maintain social stability, but also the real"booster"to promote the employment.The growingly aggravated employment situation, increasingly serious unemployment crisis and the legislative deficiency of employment promotion function of unemployment insurance legal systems as well as the bad enforcement need us to reflect on our unemployment insurance legal systems again under the orientation of employment promotion.The perfection of the unemployment insurance legal systems under the orientation of promoting employment includes four aspects: concepts, principle, levels and mechnisms. First of all, the concept of just ensureing the living of the unemployed should be changed, instead with a new kind which promotes employment, prevents unemployment, and supports employment. Improvement in the employment-oriented principles should include the rule of law, the system principles; we should distinguish between different combinations reasonably, such as: concept, rules and reality. Specific meachanism is to be built and means of promoting employment to be perfected and the specific system of the rule of law to be improved.Under the orientation of promoting employment, the unemployment insurance law systems'general structure designation should be done step by step and based on Chinese reality surroundings. First of all, the fund-raising function,the way of spending, the deadline of expenditure, the structure of spending as well as the scope of expenditure and incentive mechanisms of the unemployment insurance mechanism should be improved because it is not propitious to promote employment.Secondly, to widen the current forms of employment, because it doesn't meet the new unemployment insurance coverage. At last, the unemployment insurance law systems should speed up, and improve the unemployment insurance law's level, authority, and gradually improve the social security law systems in our country.