“领域法学”范式:理论拓补与路径探明

“Field Law” Paradigm:Theoretical Foreseeing and Pathway Detecting

"领域法"和部门法规整的社会关系都具有一定复杂性。部门法通过提炼、抽象,用高度凝练的制度框架予以涵摄,"领域法"基于实质正义、多元价值以及立法技术等因素保留异质性特征,集中体现于主体、行为、权义和责任制度。针对制度的异质性,领域法学研究应注意提炼核心范畴、加强类型化梳理,并在理论探讨和回应实践时做到逻辑自洽。"领域法"建制和领域法学研究在概念、方法、智识资源等维度持开放立场,但相关借鉴仅为固有范式的有益补充,自足性与开放性并行不悖。

＂Field Law＂ and the legal section＇s adjustment objects both have complexity. Through extraction and purifying, the legal section gives out a highly compacted regime framework, while the field law retains the heter- ogeneity characteristic based on substantive justice, pluralistic value and legislative technology, etc., which can be found in subjects, behavior, rights and obligations even responsibilities. In view of the heterogeneity of the institu- tion, the field of law research should pay attention to refining the core category, strengthening the type of combing, and maintaining logical self-consistency in theory and when responding to the practice. ＂ field law＂ system design and field law research in the concept, methods, intellectual resources and other dimensions keeps open, but the rel- evant reference is only a useful supplement to the inherent paradigm, self-contained and open can be paralleled.