Law And Specialized Technical Norms: From The Application Of Norms In Medical Tangle

In each social industry, there are a large number of industry standards and technical norms with practitioners that guide the people's behavior effectively. It can't be denied that national statutory law often has limits in dealing with specialized problems, and the very specialized technical norms make up the defects of law and play the role of law to some extent in the system of social rules. So these problems about statute-like norms like the essential attribute, significance of existence, the possibility of being transformed to law and how to interact with law, need further more research thinking. This essay is started with a high technology industry -medical profession, and answers these questions one by one through a typical case, finally finish the search of theory in the interactive procession between law and specialized technical norms.Started with the concept of medical technical norms, this paper analysis its essential nature and the rationality of the existence in-depth by being compared with national law, and clarify the relationship from the significance of form and substance, and then triggered the discussion about the interactive process between law and specialized technical norms. This paper argues that the specialized technical norms are not national law from the form, but it plays the role of law and created the effect of law. Finally the paper promotes to a deeper level where it explores the theory from industry autonomy and sources of law. Based on this theme, the paper is divided into six parts:The first part:it starts with a typical medicine case, and the technical norms are shown clearly by the way of table. Then it divides and defines the technical norms. There is not a complete system in our medical technical norms, so it is necessary to analysis this topic, and it is the basic work for the discussing later in this paper. The second part:it discusses the rationality of medical technical norms. This part discusses the theories of existing and value from legal sociology and value analysis, and interact it to statutory law by reflecting the living law on Ehrlich and being combined with the typical case. The above description, which brings the specialized technical norms into the living law, has its existence rationality, thus it leads to the later discussion in the paper.The third part:it discusses the relationship between the medical technical norms and law. Based on the typical case, this paper discusses in two aspects. From the form, one aspect explains that the technical norms don't have the characteristics of law though the shaping of rules, the external form, and structure. From the real sense, the other aspect explains that the technical norms have the effect of law though the effect with people and judicial decisions.The fourth part:it is the interaction between the medical technical norms and statutory law. This is a summary of thinking above three parts. This part displays the interactive process and relationship totally between the medical technical norms from the situation in this process, the effect which the medical norms give to the statutory law and the restriction on statutory law. Of course this is not only theoretical research, but also a practice research.The fifth part:the significance of medical norms in the system of social rules. Though the above four parts, we can find that the influence which specialized norms give to the rule of social is huge. And what is the significance of technical norms; this part will give the answer from the order and justice. Based on that case, this paper describes the significance of medical norms from criminal, civil and administrative areas. The significance of topic is improved by this description.The sixth part:It is a deeper thinking. There are two aspects in this part. One is the autonomy of industry and intervention from state, and the other one is sources of law. The paper discusses the relationship between state and social and analysis the possibility that brings the technical norms into the scope of sources of law.It is the concluded part in the last paragraph. It is concluded that we can not shake the foundation of law, but we are going to find those informal rules which are covered by the statutory law. We must concern the value of those informal rules, and clarify the relationship with the statutory law. Only such a lot of statute-like norms could serve better for people, and also the process of the construction of law could be going forward in our country.