社会法若干基础理论问题研究
发布时间：2019-06-21 06:31
【摘要】： 社会法起源于西方资本主义社会,以国家垄断资本主义时期出现的社会矛盾为时代背景,以实质正义理论、社会连带责任思想等学说为思想基础而产生。社会法在欧美以及日本发展历史悠久,其中德国最早建立完善的社会法体制。社会法范畴如何界定的问题一直处于争议之中,笔者以公民社会权的保障和实现为进路将社会法定义在部门法的层次上,并对目前流行的“社会法就是第三法域”以及狭义社会法概念从反面进行分析。在此基础上,对社会法和经济法的关系展开初步探讨,认为它们虽然存在一定的共性,但又是相互独立、相互配合的法律部门。本文运用历史考察和比较的方法对社会法的起源和发展进行阐述,关注的是社会法在我国未来的走向。
[Abstract]:Social law originates from western capitalist society, takes the social contradiction that appeared in the period of state monopoly capitalism as the background of the times, and takes the theory of substantive justice and the thought of social joint and several liability as the ideological basis. Social law has a long history in Europe and the United States and Japan, among which Germany first established a perfect social law system. The question of how to define the category of social law has always been controversial. The author defines social law at the level of departmental law by taking the protection and realization of civil social rights as the way, and analyzes the popular "social law is the third jurisdiction" and the concept of narrow social law from the opposite side. On this basis, the relationship between social law and economic law is discussed, and it is considered that although they have certain commonalities, they are independent and cooperative legal departments. This paper expounds the origin and development of social law by means of historical investigation and comparison, and pays attention to the future trend of social law in our country.
【学位授予单位】：黑龙江大学
【学位级别】：硕士
【学位授予年份】：2009
【分类号】：D90
本文编号：2503866
[Abstract]:Social law originates from western capitalist society, takes the social contradiction that appeared in the period of state monopoly capitalism as the background of the times, and takes the theory of substantive justice and the thought of social joint and several liability as the ideological basis. Social law has a long history in Europe and the United States and Japan, among which Germany first established a perfect social law system. The question of how to define the category of social law has always been controversial. The author defines social law at the level of departmental law by taking the protection and realization of civil social rights as the way, and analyzes the popular "social law is the third jurisdiction" and the concept of narrow social law from the opposite side. On this basis, the relationship between social law and economic law is discussed, and it is considered that although they have certain commonalities, they are independent and cooperative legal departments. This paper expounds the origin and development of social law by means of historical investigation and comparison, and pays attention to the future trend of social law in our country.
【学位授予单位】：黑龙江大学
【学位级别】：硕士
【学位授予年份】：2009
【分类号】：D90
【引证文献】
相关期刊论文 前1条
1 邹艳晖;;我国社会法的发展趋势[J];理论界;2011年08期
，本文编号：2503866
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