Economic Law And Social Law Relationship Study

The relationship between economic law and social law is an important theoretical research topic. Based on the research of basic theory, this article observes the relationship between economic law and social law for which has material effect on the development of economic law both in theoretical domain and judiciary practice field.In the forward, motive, intention, method, angle of view and significance of research are expressed in turn.In the first part, the thesis analyzes the current research concerning the relationship between two laws and points out some defects of said research within the academic community.In the second part, the thesis examines the essence of economic law and social law through examining the evolvement of both laws, and concludes that both economic law and social law are independent. The same essence of economic law and social law is that both laws reflect the state intervention. However, the character of both laws is different: economic law has economic character, and social law has social trait.In the third part, the thesis focuses on the distinction and sameness of social standard of both laws. The author holds the view that social interest is the connotation of social standard of both laws. Economic order, economic security and economic development are social interest of economical law. Protecting of social vulnerable groups, social stability and public welfare improvement are social interest of social law. Further more, if social interest was weighed by different laws, the "whole society" should be considered by economic law from the economic angle of view, as well as, both "whole society" and "partial society" should be taken into consideration by social law from the social angle of view.In the fourth part, the thesis compares the economic law's idea with social law's idea particularly. Social justice and persistence development are the same law' idea of both economic law and social law. Moreover, Economic interest, economic security, economic democracy and economic freedom are economic law's idea. Social interest and social security are social law's idea.In the fifth part, the thesis approaches the relationship between economic law' function and social law' function . the cooperation of both laws' function is emphasized here. In general, economic function is the main function of economic law, and social function is the subsidiary function. On the contrary, social function is the main function of social law, and economic function is the subsidiary function. Moreover, economic law could facilitate economic development directly and promote public welfare indirectly. Social law, in reverse, could facilitate economic development indirectly and promote public welfare directly.According to the above study, this article, in the sixth part, draws conclusion that both economic law and social law are independent law with close nexus. Economic law, overcoming the market failure and advancing the economic development, embodies the state intervention in economic field. Social law, solving social problems and promoting public welfare, embodies state intervention in social field. The former has palpable economic feature, and the latter has evident social trait. The cooperation of the two laws could promote the economic and social advancement greatly. The author, in the end, conceives the inner system of economic law and social law separately.