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社会法理论基础的传统理论主要有保护弱者论、社会安全论、社会福利论和第三法域论,虽然具有一定的合理性,却缺乏现实的可靠性。笔者于前几年大胆提出了社会问题论,但近三年发现社会问题论是基于社会主体协同解决社会问题的义务而立意的,没有涉于社会权利和社会义务关系的研究。于是积极探讨并提出“扶权”论,即帮扶主体有义务帮扶被帮扶主体实现被帮扶权利的理论。这一理论决定于社会法的价值取向——解决社会问题和构建和谐社会,与行政法的“控权”论、民商法的“保权”论、经济法的“限权”论形成鲜明的界分。
The traditional theories based on the theory of social law mainly include the theory of protecting the weak, the theory of social security, the theory of social welfare and the theory of the third law. Although they have some rationality, they lack realistic reliability. In the last few years, the author boldly put forward the theory of social issues. However, in the recent three years, he found that the theory of social issues was based on the obligation of social subjects to solve social problems in a coordinated manner. There was no study on the relationship between social rights and social obligations. So he actively discussed and proposed “right to support ” theory, that is, to help the main body has the obligation to help the main body to be helped to achieve the right to help the theory. This theory is determined by the value orientation of social law - solving social problems and building a harmonious society. It is not related to the “control” of administrative law, the “protection of rights” of civil and commercial law, and the limitation of “economic law” "On the formation of a clear division.