On The Legal System Of Unemployment Insurance

The legal system of unemployment insurance is an important part of China’s social security system.As a safety net for people’s livelihood,employment booster,and social stabilizer,unemployment insurance effectively ensures the basic life of the unemployed,effectively promotes higher quality employment,and plays a decisive role in alleviating unemployment and maintaining social stability.Especially in the context of the increasingly complex international environment and the major impact of the COVID-19 on the international economy,the total number of unemployed people is dramatic,the unemployment rate is rising year by year,and the unemployment problem is becoming increasingly serious,which makes the advantages of the unemployment insurance legal system more prominent,but also puts forward higher requirements for its function.The essence of unemployment insurance is actually the guarantee of the right of survival and development of the unemployed.Unemployment will make workers have no basis for survival and development,while employment can achieve high-quality survival and development of people.Thus,promoting employment is the fundamental way to solve the unemployment problem.Therefore,in the face of such a serious unemployment problem,unemployment insurance should strengthen the protection of the basic life of the unemployed to lay a foundation for survival,and then strengthen its function of promoting employment to "root out" unemployment,and finally achieve employment stability and social security.However,China’s current Unemployment Insurance Regulations have been implemented for a long time,and many system designs have not adapted to the development of today’s society,which limits the full play of the functions of the unemployment insurance legal system.The improvement and reform of the unemployment insurance legal system in China is imminent.Learning from the beneficial experience of foreign countries and combining with the specific national conditions of China can shorten our groping time on the way forward in reforming the unemployment insurance legal system.Just as China’s current economic level does not allow unemployment insurance to protect all workers,we can learn from foreign experience and first include migrant workers and flexible employment workers,two groups with high unemployment risk,into the coverage of unemployment insurance,so as to strengthen the basic living security of the unemployed,and implement the "full coverage" of unemployment insurance.The rights and obligations are closely linked,but the compulsory provisions of the recipients of unemployment insurance benefits in China are not comprehensive enough,which is easy to lead to the occurrence of hidden employment,raising lazy people and other problems.It is also a solution to optimize the allocation of rights and obligations by adding the obligation of hard employment and reporting for the unemployed.The design of China’s unemployment insurance benefit payment system is not reasonable.We can link the unemployment insurance benefit payment standard with the salary of the unemployed before unemployment to improve the treatment level,shorten the payment period to avoid welfare dependence,flexibly design the payment method to encourage the unemployed to achieve employment as soon as possible,and strict payment conditions can screen out the "malicious" unemployed,so that the unemployment insurance can better stabilize employment and promote employment.However,China is deeply affected by the concept of "paying more attention to security than employment",which leads to a low proportion of the unemployment insurance funds used to promote employment,a narrow range of funds for promoting employment,and the lack of incentive mechanism for promoting employment to mobilize the enthusiasm of unemployed people in employment and entrepreneurship,and enterprises to provide employment,all of which limit the development of employment promotion and employment stabilization.Therefore,we can take such measures as clarifying and increasing the proportion of the unemployment insurance fund used to promote employment,expanding the scope of the employment promotion fund,and establishing the employment promotion incentive mechanism to ensure the good operation of the employment promotion work of unemployment insurance,so as to truly implement the unemployment insurance to protect people’s livelihood,promote employment,and stabilize employment.