A New View Of Social Law As The Third Law Region

The positioning of social law has become the key that restricting the theory development of social law. Social law has a different understanding for the concept"person"from private law defined it as abstract right subjects, or from public law defined it as equal citizens. The"person"in the social law is typological, different human being who has different social position. The subject of social law, including three categories, person, Independent Sector and nation.Independent Sector is important subject protected and reformed by social law. State in social law assumes the negative and indirect obligations, but also the unity of power and authority. Legal interests are divided into legal interests of state, legal interests of social, legal interests of person. Social legal interests are the keystone of social law research, and allocated by right, power, duty and responsibility. As a result to the cognition of the subject, principle of unequal protection advantageous to minority groups should be established as the key method to realize the substantive justice. Based on this unique understanding of"person", the solid keystone concept and the value goal, the positioning of social law is a general concept of"the third law region"which is independent from public law and private law.