近年来中外社会法研究述评

Social Law of the Major Countries and Regions in the World ——A Discussion of the Trend of Thoughts of Social Law in China in Recent Years

社会法的研究近年来已经成为法学界关注的热点问题之一。世界各主要发达国家的社会法学说是我们研究社会法理论不可逾越的学术积累。我国台湾地区秉承德国、日本的社会法学说,社会法理论研究已经处于寂落。中国的社会法研究大多是在经济法学者之间展开的,目的是以社会法的视角来论证经济法的独立价值。我国官方和学界也已经形成了初步的社会法主流观点,那就是社会法就是包括社会保障法与劳动法在内的一个法律部门。

Research in social law has become one of the issues receiving attention and interest from the law circles these years. The accumulated theory of major developed countries in the world cannot be neglected when we study the social law theory. Research in social law in Taiwan has been going downhill because it followed studies in Germany and Japan. The research in this field in China has been conducted by economic law scholars in the hope of expounding and demonstrating the independent value of economic law in the light of social law. Up to now, a preliminary agreement has been reached by officials and law circles concerning the mainstream views of social law in China. That is, social law is a law branch which includes social security law and labor law.