灵活就业人员社会保险问题一直是社会关注的热点,而这类群体失业保障的缺失是一项制度难题。目前,我国失业保险待遇与社会救助金、失业保险基金与公共服务费用混同使用的现象普遍存在,失业保险制度覆盖范围也比较狭窄。此外,灵活就业人群缴纳社会保险费的数额、期限的确定面临困境,"非自愿"失业的传统认定标准也不再符合现实需求。将灵活就业人员纳入失业保险制度,无论是其动因,还是从实践需要的角度考虑都实属必要,其可行性也有国内外成功经验支撑。因此,从现有制度出发,探索适合我国灵活就业人员的失业保险制度,不仅在立法中要回归社会保险的基本理念,扩大保障范围,还应在现有制度基础上,灵活确定这类群体的缴费机制、期限,科学界定"非自愿"失业,以更好地实现对这类群体的权益保障。

The issue of social insurance for flexibly employed people has always been a hot topic of social concern,and the lack of unemployment protection for such groups is an institutional problem. At present,the phenomenon of mixing unemployment insurance benefits with social assistance benefits,unemployment insurance funds and public service costs is common in China,and the coverage of the unemployment insurance system is relatively narrow. In addition,there are difficulties in determining the amount and duration of social insurance premiums paid by flexibly employed people,and the traditional criteria for determining “involuntary”unemployment no longer meet the realistic needs. Therefore,the inclusion of flexibly employed people into the unemployment insurance system is necessary both for its motivation and from the perspective of practical needs,and its feasibility is supported by successful experiences at home and abroad. Therefore,from the existing system,to explore the unemployment insurance system suitable for flexible workers in China,we should not only return to the basic concept of social insurance in the legislation and expand the scope of protection,but also flexibly determine the contribution mechanism and duration of such groups on the basis of the existing system,and scientifically define “involuntary”unemployment,so as to better realize the protection of the rights and interests of such groups in order to better protect the rights and interests of these groups.