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把握社会保障的关键就是要掌握社会保障法的观念基础和法律形式。构筑法律体系的基本理念或支配法律体系的“硬核”发生变化,可以说是方法论的革命。从整体主义的和谐论对30多年来的法律社会化运动及社会保障法予以解释,说明社会保障法就是社会法律问题与社会观念转向的产物。社会保障法的价值决定其以社会为本位的特性,即社会责任本位,因而科学发展与和谐社会是社会保障法的基本价值追求。以整体主义与和谐辩证法为方法论的社会保障法就是保障科学发展与和谐社会建设的基本法律制度。最后论证社会保障法的制度构造和禀性特征。
The key to grasping social security is to grasp the concept and legal form of the Social Security Law. The basic idea of building a legal system or the “hard core” that governs the legal system has changed. It can be said that it is a methodological revolution. From the monolithic theory of harmony, we explain the legal socialization movement and the social security law more than 30 years ago, which shows that the social security law is the product of the social legal issues and the shift of social concepts. The value of social security law determines its social-based characteristics, that is, the responsibility of social responsibility. Therefore, scientific development and harmonious society are the basic values of social security law. The social security law that takes holism and dialectics of harmony as its methodology is the basic legal system that guarantees the development of science and the construction of a harmonious society. Finally, it demonstrates the institutional construction and the nature of the social security law.