Quest For The Legal Method Of Social Control By Studying The Legal Reasons Of Deviance

Deviance is an important content of social control in any social-form. The method of controlling the deviance has become serving the law as mainstay with the mankind entering modern society, compared with the earlier form, which is a mixture of religion , customs, morality, discipline, law and so on .But we should commit that deviance is an inevitable phenomena of mankind, reflecting the diversity of mankind being. Therefore the attempt on eliminating deviance is doomed to failure. What we can eliminate, or try to control is the deviance caused by those factors beyond the subject factor. Those factors include system, environment and so on. In this paper , the deviance referred is that caused by the legal factors. The author hope to display the problems exiting in modern social control by studying the legal factors of deviance, thereby finding out a proper way in which the aim ,the valid social-control under law system, can be accomplished.In the preface, the author put forward the doubt that there may be some relationship between the deviance and legal system by display the predicament exiting in the social-control firstly, than base this inherent relationship on two common words in modern words, the polybasic value and the dissimilation of subject; thereby pointing out it is a break to accomplishing the valid control over the modern society that reconstructing the legal system by studying the legal reasons of deviance. It is the key point of this paper too.Chapter one expounds the deviance. The author carry out the introspection on the definition and features of deviance using the modernistic words, and point out the contradictions exiting, which direct to the predicament encountered while we use the definition of deviance dealing with the modernistic matters and relationships, that is the short of adaptability to modernity encountered on according to shunning or omitting the polybasic value that exits in modern society indeed. And this supply us a new visual angle to search for the legal activity of deviance in the legal theory itself. In this chapter, the author sorts the deviance conferred as two categories on the standard that whether it is possible to the behavior to realize his behavior is regulated as deviance, one is actively-pursuing deviance, the other is passively - defined deviance. The former is caused by the content of law mainly, and the latter is caused by the skill-barrier of applying the legal system to controlling deviance. They are the contents of next two chapters.In chapter two ,the author points out that the deviance is a deed pursuing profits in essence firstly, and that the law is regulation on the benefit-division .Therefore, profit becomes the key point on which the legal system and deviance connecting with each other. Consequently, the author depicts some special classifications of deviance, thereby displaying four-pair contradiction, tradition and modern, law and other methods of social control, law and morality, and majority-benefit and on-fringe-people-benefit. The failure in coping with these conundrums will leading to the deviance inevitably.In chapter three, the author lists three skill-barriers, one is the procedure of law-publishing, which leads the occurring of breach of law on those without-realization-people. The left two barriers are the comprehensibleness of law breaching with the polybasic-value-truth and the short of determinacy of law, both of them give birth to the deviance on the ground of polybasic. Therefore, the author thinks that there are some deviant behaviors are created by the law after the behavior.These two factors are not entirely different, or deviance should be observe-related with the reasonability and technicalities of laws. So, the author thinks there is an essential factors behind the two factors. It is the factors that intensify or deduct the devastation of these two factors. That is the validity of law. In chapter four, the author will expound the relationship between deviance and validity. The validity of law has two sides, procedural and substantial. The traditional theories have the trend to separate them. I will start on these two directions to find out the reasons that why the two separated sides lead to deviance in modern society. In author's view, the two theories, separating the procedural and substantial, have a common risk that dipping a gap between legislator and receiver according to their omitting or undervaluing the importance of polybasic view. Thereby the internal view on law can't be gained as the ground from which the consensus originates disappeared. When the internal motive of law-abiding custom is lost, deviance will become inevitable phenomena.Chapter five expounds the proper model of legal validity needed by the modern society. The author thinks that as a key chain in social control, the legal system should answer the social reality. Therefore, an adequate legal system should respect and reflect the polybasic truth. And the communicate theory gives us a visual angle, that is eliminating the distance between the two roles through strengthening the extent of communication so that the law can be made up on the consensus of society. How to gain the consensus is a problem bearing the brunt of social control. Combined with the Chinese reality, we think the most important step is to accomplish the democratic legislation. We should be struggled to construct a legal system on the basic of internal view through democratic , valid and equal participation of citizens so that we can control deviance validly.The last part is conclusive part of the theme. The author calls for legislation should answer and reflect the reality of polybasic value views.