矫正贫富分化的社会法理念及其表现

贫富分化问题已成为困扰我国社会经济持续稳定发展的重大问题。其根本成因在于西方的个人主义观念及以此为基础的市场经济体制和相应的社会法制度的缺失。矫正贫富分化的主要途径在于以整体主义观念为基础构建和完善社会法制度,这不仅符合现代社会的时代精神和各国社会立法的普遍做法,也与中国传统文化和法律观念相契合。但整体主义只是社会法的观念基础,而不是整个法学的观念基础。整体主义也并不意味着对个体主义的否定,二者是互补的,相辅相成的。

The Idea and Manifestation of Social Law Rectifying the Gap between the Rich and the Poor

The widening gap between the rich and the poor has become a key issue to the sustainable development of Chinese social economy. The fundamental cause of the issue is the development of western style individualism, the market economy system based on the individualism and the lack of related social law regime. Therefore, the main way to rectify the widening gap between the rich and the poor is the establishment and development of social law regime based on collectivism, which not only accords with the contemporary spirit of modern society and the general social legislations of most countries, but also conforms to Chinese traditional culture and legal philosophy. However, it should be noted that collectivism is only the notional basis of social law, rather than that of the whole legal science. Also, collectivism does not mean the denial of individualism, rather, the collectivism and individualism are complementary, being supplement to each other.