Studies On The Properties Of Economic Law In Social Security Law

In modern society, an improved social security system is an important means of the Socio-economic stable development. The basic function of the Social Security Act is to protect the right to life, maintain social justice, and ensure the stability of the social order. How to build a comprehensive social security system has become a historical subject, which China's legal practice and academia should face together. Dialysis of the properties of Economic Law in Social Security Law is an important prerequisite for building the system.In the field of the legal theory in our country, the Social Security Law and Economic Law are the most frequently discussed points. In the relationship of these two laws, scholars have different views of the parties. By a careful analysis, it is not difficult to find that in many academic points of view, by no more than two categories. One advocates the Social Security Law is a part of the areas of Economic Law, including "the need to intervention in the economy" and "economic coordination the relationship", these two categories put Social Security Law into the scope of Economy Law when explaining the theory of economic law. The other advocates the Social Security Law is a not part of the areas of Economic Law, and some people think that the Social Security Law is a separate legal department, some people think it is a subsidiary of the objects of Labour Law.And still others believe that the Social Security Law is based on the premise of Public Law relationship to the pursuit of social objectives, while Economic Law is premised on private relations, to the pursuit of macroeconomic objectives. This paper argues that the scholars who get the negative point have varying degrees of one-sidedness, this article comments on this view, based on ideas proposed'desalination legal department, analyzing the properties of Economic Law in Social Security Law'. According to comparative studies on Social Security Law and Economic Law background, legislative concepts, basic principles, values and institutions and the application procedure, we can draw the following conclusions:1.Social Security Law and the Economic Law are brought about by the development of market economy, which the market itself cannot reconcile the contradictions emerge from time to time, and there essences are the model state legislative intervention in the market economy; 2. Economic legislation safeguarding the public interest concept permeates the theoretical basis of social security law; 3. The implementation of the Social Security Law is the ensuring coordination of economic law uphold the principle of balancing the importance, appropriate government intervention in the principles of economic law can also be applied on the Social Security Law; 4. Social Security Law and Economic Law both have order, fairness, efficiency, safety and legal value, the efficiency of the value of social security law is reflected in its encouragement and allocation of labor resources, and social security funds on the macroeconomic impact on both the national coordinating their important means of economic operation, we can see clearly the Social Security Law has properties of Economic Law.From a sociological point of view, social security law is a safeguard of the interests of society as a whole, which is consistent with the legislative concept of economic law; from an economic perspective, the Social Security Law is a compensation for market failure, and also for supporting macro-control, which is the task of completing the economic law; from the perspective of political science, social security law is the responsibility of a government-led, in recognition legitimize state intervention also played a role in preventing the abuse of power, fully consistent with the mandate of Economic Law and the dual function of controlling.Tracing the history of the social security system, and understanding the nature of the Social Security Law, which will help to make sure the nature of the social security and help China's social security legislation, implementation and improvement to guide the practice better. Proved by this study, the Social Security Law has the properties of Economic Law is beyond doubt.