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Volume 53 Issue 8
November 2021
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    Citation: Wenfang WU and Jie LIU. The Transformation of “Individual” in the Era of New Technological Revolution and the Response of Social Law[J]. Academic Monthly, 2021, 53(8): 106-122. shu

    The Transformation of “Individual” in the Era of New Technological Revolution and the Response of Social Law

    • Abstract

      In modern society, individuals were abstracted as undifferentiated, rational, and equal subjects. Capitalists ruthlessly exploited laborers in the name of “autonomy of contract”, which aroused people’s reflection on the theoretical assumption of the abstract individuals. There has been a rise in social legislation which supports the weak and has the meaning of inclined protection. The platform economy spawned by new technological innovation not only boosts employment, but also dissolves labor relations. With the development of automation technology, low-skilled workers and the middle class in regular jobs face the risk of being eliminated from the job market. The existing social law system which integrates public law and private law is weak in dealing with the problem of flexible employment and technical unemployment, social law should use purer private law and wider public law to classify and coordinate various social relations. Measures such as (1) fully respecting the autonomy of will of both parties in the employment contract and eliminate unnecessary compulsory norms; (2) Redefining the labor standard law, from the perspective of human rights protection, specifying the state obligation of the right to education, establishing a social security system with the basic income for whole people as the core, may respond the challenges and transformation.
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    • References

    • Access

      1. [1]

        HE Da'an ,  LI Huaizheng . Digital Adjustment Mechanism in the Application of Artificial General Intelligence. Academic Monthly, 2026, 58(7): 54-63.

      2. [2]

        WEN Jun . From Technical Tokens to Social Tokens: the Ontological Construction of Token Sociology. Academic Monthly, 2026, 58(8): 145-156.

      3. [3]

        ZHANG Jun ,  FANG Hongsheng . Intergovernmental Fiscal Relations and Economic Growth. Academic Monthly, 2026, 58(8): 70-90.

      4. [4]

        SHI Dan ,  LI Peng . The Least-Cost Path for Energy Use in the Process of Modernization——Scenario Analysis and Theoretical Examination. Academic Monthly, 2026, 58(1): 45-58.

      5. [5]

        ZHAO Lin ,  ZHANG Boyu ,  LIANG Hua . The Relationship Between Monopoly and Innovation in Information Product Markets——A Growth Network Perspective. Academic Monthly, 2026, 58(7): 64-76.

      6. [6]

        ZHANG Yi . Cognitive Transformation in Historical Research in the Age of AI——“Fluency-Induced Occlusion” in LLM-Assisted Reading of Diplomatic Manuscripts. Academic Monthly, 2026, 58(8): 29-40.

      7. [7]

        LIU Fengjie . “The Flower's Color Become Lucid Immediately”——The Aesthetic Implications and Modern Reverberations of Wang Yangming's “Mind-Thing Relationship”. Academic Monthly, 2026, 58(1): 180-193.

      8. [8]

        XIONG Changkun ,  ZHANG Ziyuan . Multi-party Game and Informal Governance in Central-Local Fiscal Relations——Focusing on the Yinhao Reform of Guangdong Salt Tax in the Early Republic of China. Academic Monthly, 2026, 58(5): 198-210.

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          The Transformation of “Individual” in the Era of New Technological Revolution and the Response of Social Law

          • Available Online: 2021-08-20

          Abstract: In modern society, individuals were abstracted as undifferentiated, rational, and equal subjects. Capitalists ruthlessly exploited laborers in the name of “autonomy of contract”, which aroused people’s reflection on the theoretical assumption of the abstract individuals. There has been a rise in social legislation which supports the weak and has the meaning of inclined protection. The platform economy spawned by new technological innovation not only boosts employment, but also dissolves labor relations. With the development of automation technology, low-skilled workers and the middle class in regular jobs face the risk of being eliminated from the job market. The existing social law system which integrates public law and private law is weak in dealing with the problem of flexible employment and technical unemployment, social law should use purer private law and wider public law to classify and coordinate various social relations. Measures such as (1) fully respecting the autonomy of will of both parties in the employment contract and eliminate unnecessary compulsory norms; (2) Redefining the labor standard law, from the perspective of human rights protection, specifying the state obligation of the right to education, establishing a social security system with the basic income for whole people as the core, may respond the challenges and transformation.

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