Defining The Core Concepts Of Social Law

In the study of social law, academicians usually define social rights as thevulnerable groups in society requires the government to do some positive action toprovide their rights of survival. And such a right in law is often placed in a highsocial position, and be treated as the core concept of the social law. Scholars prove theproposition from some dimensionalities, like history, content of the social law and soon.From the development perspective of the social rights, social rights contentsome element of the public law. The author uses some history way to prove theproposition. First, from the origins of social rights, the human rights and civil rightsare the ideological origins of the social rights. The two ideological origins areinosculated into the Constitution. Second, the concept of the social rights is from theconstitution, and the only differences between the concept of social rights in sociallaw and the Constitution is the main body of the rights is different. Under the mind ofnationalism, public power regulate and control the society, the rest of the rights is nodifferent from the constitutional rights. In a word, the social rights in social law in theeyes of academicians are a public law rights. After analyzing the concept of socialrights, I believe that social rights does not have the qualification to be the core of the concept of social law.The author will prove the conclusions in the following aspects. First, socialrights can not reflect the full content and the features of social law, and them do notreflect the three levels of social law. The only reflection of the social law is the publiclaw part. But the private law part and the group part are missing. Secondly, socialrights are similar to constitutional rights, and the constitutional rights are special andcan not be remedied. This means that the social rights are not a complete rights. Mostimportantly, social law is not as special as the Constitution. So the social rights in thesocial law can not be a the core concept of the law. Once again, the concept of socialrights in the Constitution has been studied more thoroughly; academicians have had aclearer understanding of social rights. The academicians in social law do not need tocreate a concept, and this concept is not beyond the scope of the concept of socialrights in the original Constitution. It is not good for the study of the law. I believethat academicians are so respected the social rights, there must have some reason.Most scholars of social rights are against that the social law is the third law region,but they support the classify of the official that social law is the "legal department". Inorder to meet their academic point of view, the social rights should be in high places.Meanwhile, in order to extend the study field of social law to the public law, scholarshave adopted the concept of a public law as a core in social law.For the core concept of social law, I believe that social interest is more suitablethan social rights. First, social interest can contain the main content and characteristicsof social law, reflecting the three levels of social law. And it also can reflect thecharacteristics of its integration of public and private law. While social interest is alsoreflected in the legislation. Therefore, in practice and in theory area,social interests ismore suitable as a core concept in social law.