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经济法和社会法均将社会本位作为其法本位,这导致了二者关系的紧张,笔者从分析法本位概念的内涵入手,认为社会本位的特定含义是维护社会利益,并从社会利益的主体“社会”以及社会利益的“利益内容”两个角度探讨了二者社会本位观的异同。指出了经济法的社会观是经济性视角的整体社会观,而社会法是社会性视角的整体社会观和部分社会观的兼有;经济法的社会利益强调经济秩序、经济安全和经济发展,社会法的社会利益则着眼于弱势群体利益的维护以及社会稳定和社会事业发展。
Both the economic law and the social law regard the social standard as its legal standard, which leads to the tension between the two. The author starts with the connotation of the concept of analytic legal standard and holds that the special meaning of social standard is to safeguard the social interests, “Society” and the “interest content” of the social interest, explores the similarities and differences between the two social values. It points out that the social view of economic law is an overall view of society from an economic point of view, while the social law is a combination of the whole social view and part of the social view from a social perspective. The social interest of economic law emphasizes economic order, economic security and economic development, The social interests of social law focus on the protection of the interests of disadvantaged groups as well as social stability and social development.