Study On The Dilemma And Reconstruction Of China’s Social Legislation In The Period Of Transition

The promotion of Market-oriented Economy has been the major fuel of themiraculous booming of China’s economy and its modernization progress for decades.However, drastic changes in the society always have unwelcoming companies such assignificant poverty gap, unfairness, and aggravated conflict between social classes. Asthe most effective method of social control, legislation bears a modernized meaningand fate. To get a fluent and steady transform to a modern society, China needsthorough and scientific social legislations to serve the need of a society under transition.The thesis will give a thorough research on the system of social legislation bymeans of demonstration, conclusion and comparison. To begin with the definitionsand a review of the history of social legislation in the western world will be discussed,and afterwards the writer will talk about how to constitute and then perfect a proper systemof social legislation basing on a review on the history of social legislations in China.Modern definitions of Social Legislation dates back to the “Poor Laws”, issuedby the government of Britain, to maintain order in the society by ensuring everycitizen a basic condition of living. It was then developed by the German legislationsof social insurance, protecting workers of their health and safety to encourage thefirst-born Market-oriented Economy. Roosevelt’s New Deal of the United States ofAmerica, aiming to tide over the Great Depression and social crisis thus incurred byinterfering the market with governmental power, led social legislation to prosper, anda later global trend of Welfare States. The definition of social legislation depends on contexts. Under theAnglo-American law system, the concept mainly contains legislations of socialinsurance. Under the civil law, however, the concept varies by its content, such as the“Social Protection Legislation” in Germany, labor laws and social insurance laws in Japanand France. With regards to China, which is under the civil law system, the concept ofsocial legislation shall also include aspects of social insurances, as well as labor laws.Along with restrictions of historical circumstances, public deviation from asociety-oriented value and a general lack of intentions to serve have also contributedto the delayed and passive status of China’s social legislation, of which the hierarchyis too low, and the system is far from completed.To cure the unsatisfactory situation,research shall be done from both academic and practical approaches.It will be a great help by promoting academic works of social legislation, toconsolidate and justify its jurisprudential basis and essence, to demonstrate andperfect its content and system, to develop its rightful relationship with other legaldepartments, and to cultivate an academic force to maintain its spring. By practicalmethod of social legislation by timely issuing and revising relevant laws andregulations, on the other hand, can convert its orientation in value, raise its hierarchy,complete its substantial system, and enhance its enforcement.During the12th Five-year Plan of China, legislations shall be prior on schedulesuch as a Public Assistance Act, a Social Welfare Law, a Law of Social Organizations,a Law on Resolutions of Social Disputes, a law of Labor Wages, anAnti-discrimination Law of Employment, and a Collective Contract Law, etc. Existingsocial legislations shall as well be timely revised. These practical effort of sociallegislation will complete its system of rules, to further suit the system to a developingeconomic environment, and to lay the foundation of a future Social Law Code of China.