On The Relation Of The Labor Law And The Social Protection Law

The labor law and the social protection law are two legal departments which are closely related, they are all aimed at the protection of weak community, social justice and the social stability. But as different legal departments, the social relations they adjusts are different. For a long time, our country will take the safeguard of the welfare as content of work relations to carry on the adjustment, as if it's the labor law's constituent, it means there not exists the social protection law. Along with the development of the market economy, the unit people transform into the social person, the social protection law and the labor law should be reasonable limited. But because they have some kind of relation and the continuous nature about their family rules and regulations. that causes the educational world have many different understandings on their relations. Some people thought the work relations has contained the safeguard welfare content, some people think the labor law and the social protection law intercross, but also some people thought the labor law from belongs to the social protection law, thus created some actual social problems to solve with difficulty, did not favor defends the citizen legitimate rights and interests and the social public interest. Therefore, must be clear about two between the relations, provides the theory support for the solution actual problem.This article is divided three parts to carry on the elaboration, is thorough by the level, is clear about between the labor law and the social protection law relations gradually, the issue which as well as when deals with between them relates should pay attention. 。The first part, elaborated the labor law and the social protection law general theory, showed the labor law and the social protection law concept and the characteristic separately: The so-called labor law, is refers to the adjustment work relations as well as always called with the work relations close relation other social relations legal standards. It is the public law and the civil law compatibility;Is the worker protection method and the work unification;Is works the relational coordination method and the work standard method union;Is the substantive law and procedural law forming a complete set. But the social security principle is the adjustment take national, social and all members of different social classes as a main body, in order to guarantee members of different socialclasses' basic life needs and raises its living standard unceasingly, as well as solves the economy which certain special social groups' life difficulties but occurs to assist relational the legal standard sum total. It is the social law;Is the human rights law;Is the right to subsistence protection law, is the modern social's fundamental law, is the substantive law and by the compulsory standard primarily law.The second part, first elaborated and has evaluated the present educational world three academic viewpoints which relates about between the labor law and the social protection law: "The labor law contains the social protection law" regarding the first kind the viewpoint, thought " Expanded meanings on work relations " already no longer became the mainstream viewpoint, also no longer adapted the time development;Regarding second kind "labor law and social protection law intercross" the viewpoint, thought this viewpoint is " Expanded meanings of labor law controlled member ", it will reside in advances gradually the condition present legislation content to take the argument basis will be unscientific;Regarding the third kind "the labor law from belongs to the social protection law" the viewpoint, thought this kind " Expanded meanings on social protection law controlled member " overemphasizes the country in the among function, possibly can turn back the old route in the certain degree. Then, has analyzed the labor law and the social protection law relation and the difference, points out the labor law and the social protection law although with belong to the social method category, they produce the background basic is same, the content has overlapping, but, also has the obvious difference, mainly displays aspect the and so on scope and legislation goal which adjusts in them difference.The third part, to the labor law and the social protection law legislation, the law enforcement, the judicial coordination question has carried on the analysis. First, says regarding the labor law, in the labor law legislation, the law enforcement and the judicature, the place which the country should abdicate must abdicate;Next, says regarding the social protection law, in the social protection law legislation, the law enforcement and the judicature, the place which the country should carry must carry;Finally, two in the legislation, the law enforcement, the judicature should carry on the coordination, in particular labor dispute and the social security dispute judicial coordination aspect all must give the standard.Finally, has carried on the summary to the entire article, pointed out clears off tworelations all has the extremely vital significance regarding two family rules and regulations development and the implementation, and must continue thoroughly to study, thus well is two family rules and regulations in particular societies protection law development and the consummation lays the rationale. The labor law and the social protection law should be both intercross and mutually independent. As the independent two family rules and regulations, they have mutually respective controlled member, the adjustment scope, has respective legislation goal and the value pursue.