On The Relationship Between Economic Law And Social Security Law -- The Independent Legal Status Of The Social Security Law

Social security law and economic law are two newly rising laws and shall be taken as the two important branches of China's legal system. However, the above two mentioned laws having facing up challenges from other branch laws from the very beginning. Although the economic law is widely accepted as an independent branch law at present, the status of social security law still remains in discussing. The main divergence exists in the understanding of the relationship between economic law and social security law. Experts and scholars in social security law and some economic law researchers insist in the independent status of social security law, while other researchers view social security law as the sub-category of economic law.This thesis mainly discusses the relationship between social security law and economic law to clarify the independent status of social security law. Therefore, we overviewed the social security law as well as economic law. We firstly examined the origin and basic concept of them and analyzed their commonness of social law namely, both laws distinguish themselves with socialism and pursue the social benefit as a whole. And then, we argue that basic divergence does exist in both laws and the social security law is not a sub-category of economic law system through the close examination of legislative idea, regulating object, value orientation, basic principles, executive agencies and implementing procedures. Moreover, we reinforce our view of social security law from both objective and subjective standard of branch law classification.China is gradually forming her market economy system and the system is on the way to perfection. Hence, it is necessary for our legal system to improve accordingly. We hope any academic discuss of social security law and economic law in this thesis could be of any help to the construction of our legal system.