城市化升级转型中的社会保障与社会法

Social Security and Social Law in the Upgrading and Transformation of Urbanization

从中国城市化当前遭遇的现实问题出发,参照欧美先行城市化国家的经验教训,中国的城市化面临着升级转型的需要,即由市场主导的城市化形态向市场与社会保障并重的城市化形态过渡。城市化升级转型中发展社会保障、社会法的关键,是区分和协调经济领域市场化和社会民生领域非市场化之间的关系,并将民生权利化、法律化。城市化在需要社会保障与社会法的同时,也在为社会保障与社会法的建立和运行提供支持。中国城市化的升级转型,需要重视社会主义原则在民生领域的重要性,加强社会法的独立法域建设。

Based on the European and American experiences of urbanization and the practical problems encountered by China in the process of urbanization, this paper points out that the modernization in China needs to be upgraded and transformed from the current marketdominated mode to a mode that pays equal attention to the market and social security. The key to establishing social law and social security in the process of upgrading transformation of urbanization is to distinguish and coordinate the relationships between marketization in the economic field and de-marketization in the field of people＇ s livelihood, and to establish rights and adopt laws in the field of people＇ s livelihood. On the one hand, urbanization needs social security and social law. On the other hand, it can support the operation of social security and social law. Although different countries in the world have taken different roads to modernization, modernization can not succeed without urbanization. In order to ensure the sustainable development of urbanization and give full play to the role of urbanizations as the engine of modernization, China needs to upgrade and transform urbanization and, to do so, it needs to pay attention to the importance of socialist principles in the field of people＇ s livelihood and strengthen the construction of an independent field of social law.