Exploring The Basic Issues Of Social Compensation

Social compensation is a new diversified and comprehensive form of interest compensation following the tort damage compensation and compensation in private law and the state compensation and compensation in public law,which plays an outstanding role in effectively responding to the risk damage,complementing the existing statutory damage burden and guaranteeing people’s rights and interests of survival and development.At present,the academic research on social compensation is still in the process of generalization,analysis and discussion,while in China’s social practice there are more specific applications of social compensation and related laws,regulations and social policy arrangements,so it is meaningful to conduct a more systematic legal research on it.In this paper,social compensation in a narrow sense refers to the social support to the subject whose interests are damaged by the social payment due to the personal or property loss caused by a specific event or a specific act under the conditions of the applicable law.Its specific events include natural events,social events and technical events,and specific behaviors include righteousness,social assistance and financial compensation.As an act of interest compensation,social compensation is characterized by lawfulness,causality,cooperation,altruism and moderation,which is different from civil compensation and administrative compensation.Social compensation is based on the theoretical basis of "people-centered development ideology,bottom-line thinking and the value goal of distributive justice",and is a concrete practical form of social cooperation for the survival and development of human beings,a solid way to promote common prosperity,and diversified and comprehensive interest compensation.As a new type of rights,social compensation has the dual connotation of programmatic and specific,negative and positive,subjective and objective,and has the functions of social protection and risk dispersion,redistribution and social security.The conditions of application of the legal norms for social compensation break through the inherent structure of "actor-victim" and take the lawfulness of the act or event,the remedial and supportive nature of the damage,and the presumption of causality as the basic conditions.The implementation mechanism of social compensation is led by the government with the participation of social pluralism,and the necessary social support is provided to the subject whose interests have been damaged by raising social compensation funds in the form of social payments,following the procedural mechanism of the right holder based on application and supplemented by authority.At the same time,social compensation can also be a form of legal responsibility,the purpose of which is not to punish and correct,but to protect,balance and coordinate the basic rights and interests of the people’s survival,the essence of which is the relief of the damaged rights and interests,the legal compulsory sharing of the burden of altruism.