Retrospect And Perfection Of Research On Social Law Pandect

Karl Marx said, laws are to express kind of economic relationship. American scholar Gilmore said, social demand is the precondition for laws to be made, and lawmaking can provide guarantee for social demand. The production and development of the whole China's social law can be verified in the two sentences above. From this perspective, China's economic and social reformation and transformation helps the springing up of social law. No matter how fierce the doctrinal controversy is in social law, the strong appeal to economic and social 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 of controversy and not open and comprehensive enough; there is consensus in the research of axiology, but it's pretty superficial; the research of methodology has just begun and it's urgent to systemize and perfect it.As far as ontology research is concerned, it's inevitable and objective for controversy to exist in the definition of concepts, but controversy in concepts show doctrinarism, blindness and lack of standard in academic research. There should be reasonable limitation for the connotation and extension of social law. Social law should be oriented as a branch of the third district of law, parallel to economic law. Meanwhile, we should enhance the coordination research between social law and economic law, namely, the functional combination of social law 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 are too abstract but not specific enough too generalized but not localized enough. The basic outlet to 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 currently has been the application of some methodologies as comparative study, empirical study and procedural study, etc. But the comparative study is too superficial, and the reality study is detached from the procedural study, which is the current problem. Therefore, to perfect methodology research, we should transfer our focus from concepts and system to logos in the comparative study, and we should combine substantiality with procedure in reality research, especially apply perspective of social law to expand legal principle and mechanism of commonweal lawsuit.