Social Sciences in China (Chinese Edition)

No. 11, 2024

On the Essential Attributes of Social Law

(Abstract)

Yu Shaoxiang

As one of the seven major branches of law and an independent secondary discipline of jurisprudence, social law remains a subject of debate within Chinese academia, with no consensus yet reached on its essential attributes. Social law’s essence is reflected in three basic categories: social protection, social security, and social promotion. These categories are shaped by political, economic, and culturalhistorical factors. In essence, social law compensates for the limitations of private law by addressing social relationships that are superficially equal but substantively unequal. It operates primarily through benchmark law mechanisms to safeguard public welfare and enhance societal wellbeing. To improve China’s social law system, in alignment with the essential attributes of social law, efforts must focus on strengthening scientific and democratic legislation, improving the effectiveness of administrative enforcement, and accelerating the judicialization of social law.