从特殊主体和价值追求看社会法的理性定位

On the Rational Orientation of Social Law from both Perspectives of Special Subjects and Values

社会法的定位问题已成为制约社会法理论发展的关键问题。社会法对于"人"这一主体的认识不同于私法抽象权利主体,或公法上的平等公民,而是具有社会身份的类型化、差异性的人。从这一主体认识出发,社会法应确定以倾斜保护弱势群体为特征的注重实质正义的价值追求。基于这样的主体观念和价值基础,社会法是独立于公法私法法域之外的"第三法域"的总称。

The positioning of social law has become the key factor that restricts the theoretical development of social law. Social law has a different understanding for the concept of ＇ the person＇ from private law which defines it as an abstract right subject, or from public law which defines it as an equal citizen. ＂The person＂ in the social law is a typological, differential human being with a differ- ent social position. On the basis of this cognition of the human subject, the principle of unequal protection advantageous to minority groups should be established as the key method to realize the substantive justice. Based on this unique understanding of ＇the person＇ and value goal, the positioning of social law is a general concept of ＇the third law region which is independent from public law and private law.