经济法与社会法的关系探究——以法的利益本位为进路

    On the Relations Between Economic Law and Social Law by the Approach of the Interest Basis of Law

    • 摘要: 从法本位的角度阐释了经济法与社会法的关系,指出两者在利益的承载主体、内在特征和外在干预等方面存在殊异,因而两者是并存的2个法律部门,但两者并非是绝然对立的,两者在终极目标上存在着同归,即追求实质公平、保障基本人权和促进可持续发展。

       

      Abstract: This article explains the relations between economic law and social law, and points out that both have many different aspects such as the subject of the benefit, the intrinsic characteristic, the external intervention, and so on. So, both are the two co-existing legal departments, but the two are not completely oppositve, and both are consistent with each other as against the ultimate objectives, such as the pursuit of essencial fairness, the safeguarding of basic human rights, the promotion of the sustainable development, and so on.

       

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