Rethinking of Defining the Social Law

Wang Quanxing

Abstract: Concerning the regulating object and the scope, there are varieties of views about the definition of social law in the domestic field, each has its reason and the significance, there is no right or wrong. However, paying attention to the legal mechanism of the social law is rather important than to its adjusting object and scope. Given that there are more than one member in the social law and the legal mechanism follow diverse patterns, we should emphatically judge the difference of social law and public law, private law or related legal department from the single legal mechanism. “Three sides of labor and social security act”and“three layers”mechanism in labor law and social security law, the enterprise social responsibility acting mechanism, social insurance and social relief mechanism showed paying attention to“the government -society -private（market）”interaction mechanism is of great sense to refine the common legal mechanism of social law; we should follow the spirit of innovation of social management, study how to perfect legal mechanism of social law in social system re form; we should also pay attention to social law mechanism's absorption and fusion of relevant legal factors in public law and private law or economic law, etc. ; we should also be aware of the limitations of legal mechanism on defining social law, and attaches great importance to combining the legal mechanism with policy objective.

Key words: Social Law; Definition of Social Law; The Legal Mechanism;Policy Goals