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学界对于经济法和社会法的关系大致分为两种观点:一是认为社会法作为公、私法域之外的第三法域,经济法包含于其中;二是认为两者是并行不悖的部门法,社会法不是经济法的发展进路。实际上,学界对这两者关系的研究缺乏对其研究前提的界定——即第三法域是否为社会法,以及对社会法的本质进行定位。只有对这个前提研究清楚了,才能形成一个系统的、有说服力的关于两者关系的理论成果。
The academic circles have roughly divided into two kinds of viewpoints on the relationship between economic law and social law. First, they think that social law is the third law field outside public and private law jurisdictions, and economic law is included in them. Second, Social law is not the development of economic law. In fact, the academic research on the relationship between the two lacks the definition of its research premise - whether the third law is social law, and the nature of social law to locate. Only by studying this premise clearly can we form a systematic and convincing theoretical result on the relationship between the two.