社会法的范畴及体系的展开——兼论社会保障法体系之构造

Spreading-out of the System and Category of Social Law——Discussing the Construction of Social Security Law's System Simultaneously

社会法作为一个新兴的法域,突破了传统法律部门之间旧有的疆界,以“生存权的保障”为轴心,将不同的法律规范、尤其是从古典乃至近代的私法规范中引申出来的各种原理重新整合,不仅顾及权利人(部分社会)的利益,而且强调与义务人(全体社会———国家)的关联。随着生存权保障的范围日益扩张,以及实定法建构的日益完善,社会法之边缘亦日见扩充。

As a newly emerging law region, social law has broken through the old boundary between traditional legal departments, whose axle centers on 'the guarantee of survival right'.Social law rearranges various principles of different law norms, especially from classical private law norms or from recent ones, which not only takes the interests of the obligee into account, but also emphasizes the relation with obligors.With the increasing expansion of the scope of survival right guarantee, the edge of social law also is expanding increasingly, as well as the perfection of matter of statute's construction.