Rectification And Rethink Of The Third Law Region

The Chinese scholars began to study on the theory of socail law in the end of20th century. On the basis of recognition of the publization of private law, theprivatization of public law, the socialization of law, there are great differences amongthe definitions of social law by different scholars. In this issue, the third law region isan important concept.Some scholars have summed up four different understanding on the usage ofsocail law. In narrow sense, socail law is regarded as Social Sercurity law. Inmoderate sense, the scholars attemp to seek a usage context which between the thethird law region and the narrow sence socail law. In wide sense, social law isconsidered as the third law region which is independent form the public law and theprivate law. In general sense, social law is deemed as a juristic theory whichcorrespond to the concep of natural law and statute law. The moderate sense of socaillaw and the wide sense of social law are more polupar.The focus of dispute between the moderate sense of socail law and the widesense of social law is whether or not regard social law as the third law region which isindependent form the public law and the private law. The wide sense of socail lawconsiders social law as the third law region which is independent form the public lawand the private law. The moderate sense of socail law refuses to equal social law tothe third law region. The scholars consider that social law is an apartment law. Some scholars holding the moderate sense of socail law don’t deny the third law region, theothers claim that there is no need for finding a third law region besides the public lawand the private law. Some scholars think that the extent of socialization of law is notenough to seek a third law region, the others deem that due to the socialization of law,it is impossible to find a third law region.In my opinion, recognizing the existence of the third law region has a realisticbasis. The reason why some scholars deny the existence of the third law region is thatthey ignore that there is an independent social sphere which need socail law adjust it.Because some scholars see only the mix of private sphere and public sphere and don’tsee the social sphere also has the power away form the private sphere and publicsphere, so they deny the the existence of the third law regionIf we deny the existence of the third law region as some scholars say, we will fallinto legal paradox and the social law will face the risk of losing its indepedence.Moreover, the socail standard will be generalized and dissimilatory. Therefore, as forthe dispute of the third law region, we should rethink on the basis of social sphere andthe fact of legal system.