论社会法与其他法律部门的关系

Research on the Relationship between Social Law and the Other Legal Department

作为国家干预社会经济生活过程中逐步形成的新兴法律部门,社会法与其他法律部门具有密切关联。中国社会法既与传统法律部门有多个层面的交叉重叠,又具有自身特性和独立化的趋势。社会法与其他法律部门理应形成既有科学分工、又有协作配合的良性格局。厘清社会法与相关法律部门的关联及差异既为确定社会法的边界、锤炼其宗旨原则所必需,又对当下社会救助法、医疗保障法等社会法骨干法的制定修改、社会法的施行落实以及司法裁判与纠纷解决具有重要指导意义。

As a newly developing legal department,Social law has intimate relationship with other legal departments.There are such overlapping and intersection between social law and traditional law departments in China.Chinese social law not only overlaps with traditional legal departments at multiple levels,but also has its own characteristics and the trend of independence.Social law and other legal departments should form a benign pattern of both scientific division and collaboration.To clarify the relationship and differences between social law and relevant legal departments is not only necessary to determine the boundaries of social law and to refine its purpose and principles,but also to formulate and improve the current social law backbone laws such as the Social Assistance Law and the Medical Security Law,as well as the implementation and judicial judgment and dispute resolution of social law have important guiding significance.