社会法总论研究的反思与完善.docxVIP

AbstractKarl Marx said, laws are to express kind of economic relationship. American scholarGilmore said, social demand is the precondition for laws to be made, and lawmaking canprovide guarantee for social demand. The production and development of the whole China’ssocial law can be verified in the two sentences above. From this perspective, China’seconomic and social reformation and transformation helps the springing up of social law. Nomatter how fierce the doctrinal controversy is in social law, the strong appeal to economic andsocial adjustment is always the solid foundation for social law to be rooted and develop.The main problems in social law pandect are: the research of ontology is full ofcontroversy and not open and comprehensive enough; there is consensus in the research ofaxiology, but it’s pretty superficial; the research of methodology has just begun and it’s urgentto systemize and perfect it.As far as ontology research is concerned, it’s inevitable and objective for controversy toexist in the definition of concepts, but controversy in concepts show doctrinarism, blindnessand lack of standard in academic research. There should be reasonable limitation for theconnotation and extension of social law. Social law should be oriented as a branch of the thirddistrict of law, parallel to economic law. Meanwhile, we should enhance the coordinationresearch between social law and economic law, namely, the functional combination of sociallaw and economic law.As far as axiology research is concerned, there has been certain consensus on the cause,value and logos of social law, but the problems in the research of axiology lie in that they aretoo abstract but not specific enough too generalized but not localized enough. The basic outletto perfect axiology research is to excavate the local resources of social law in China,especially to probe into the specific representation of functions, value and logos of social law.As far as methodology research is concerned, there cur