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On the Relation of the Labor Law and the Social Protection Law

Author: MoShengNan
Tutor: LiShouTing
School: Central China Normal University
Course: Economic Law
Keywords: Labor Law Social Security Act Social Law
CLC: D912.1
Type: Master's thesis
Year: 2006
Downloads: 887
Quote: 4
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Abstract

Labor Law and Social Security Law is very closely linked the two legal departments, they are to achieve social equity and social stability and protection of vulnerable groups. However, as the different legal departments, adjust them to different social relations. A long time, China will safeguard the welfare content included in the labor relations to be adjusted, as part of the labor law, the scope of the Social Security Act does not exist. With the development of market economy, the unit into a social person, reasonable definition of the Social Security Act and labor law. However, due to some kind of contact and continuity of the two departments on the development, academic understanding between them blurred. Some people think that the labor relations contains content of security benefits, some people think that the labor law and social security law intersect, there are people that labor law is subject to the Social Security Act, which caused some social problems difficult to solve, is not conducive to safeguarding the legitimate rights and interests of citizens and social and public interests. Therefore, it is necessary to clear the relationship between the two, provides theoretical support to solve practical problems. This article is divided into three parts to be discussed, drill-down, and gradually a clear relationship between labor law and social security law, and should pay attention to the problem of dealing with the relationship between them. The first part of the general theory of the labor law and social security law, which describes the concept and characteristics of the labor law and social security law: so-called labor law, refers to the adjustment of labor relations, and other social relations linked closely associated with labor legal norms. It is compatible public and private law; worker protection law and the unity of the Labor Management Act; coordination of labor relations law and the combination of the Labor Standards Act; substantive law and procedural law supporting. Economic assistance to the relationship between the law and social security law is to adjust to the state, society, and all members of society as the main needs and continue to improve their living standards in order to ensure the basic livelihood of the members of society, as well as to solve some special social groups living in difficult the sum of the norms. It is a social law; human rights law; Law on the Protection of the right to exist, the Basic Law of the modern society, is the substantive law and peremptory norms based method. The second part, first expounded and comment on the academic world has three academic point of view about the relationship between labor law and social security law: The first labor law contains the view of the Social Security Act that \no longer become a mainstream point of view, no longer to adapt to the development of the times; labor law and social security law intersect \existing legislation as the argument basis is unscientific; For the third \on may go back to the old road. Next, the analysis of the relationship and the difference of the labor law and social security law, and that the labor law and social security law belong to the same category of social law, basically the same as their background, the contents of the cross, but there are significant differences, mainly performance in their adjustment range and legislative

On the Relation of the Labor Law and the Social Protection Law

Abstract

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