论中国经济法体系中社会法的抽离

The Separation of Social Law from Chinese Economic Law System

改革开放以来,社会法内容抽离经济法体系的发展历程是一个逐一的、渐进的、长时间的过程,这与民商法内容退出经济法体系时的同期的、快捷的、较短时间的过程相异。社会法抽离经济法体系的这一过程更从一个侧面论证了法律部门划分标准的相对性。更说明了当前第三法域的研究重点应转移到实际问题的解决上来,而非基本理念的过度抽象。

Since the carrying out of the reform and opening-up policy, the separation of the content of the social law from the economic law system has been a long-term and one-by-one progressive process. The situation is quite different from the short-term, rapid and simultaneous process in which the content of the civil and commercial law is separated from the economic law system. The process of the separation of the social law from the economic law system gives an indirect proof of the relevance of the criteria for the separation of legal branches. Besides, it shows that the emphasis of the current research of the third field of law should be shifted to solving actual problems, not just remain in the excessive abstraction of basic concepts or ideas.