The Rise Of Soft-Law Under The Rule Of Economic Law

In recent years, the concept of soft law in Europe, Japan and our country are more and more popular trend, not only can be found in the thesis of a number of legal scholars, works on, and can be found in a number of political science, sociology scholar and author of an academic report Medium. Soft law is a country non-mandatory rules of conduct, which has formed the main diversity, the development of open procedures, the implementation of features such as non-mandatory. This traditional concept of law caused a great challenge.The adjustment of economic law is an active market economy, it is adjust their economies in the country to coordinate the operation process of economic relations between the general term of legal norms. Most of these norms are soft law norms, so I believe that with the development of law has developed a unique relationship between the role and mechanism, so this study does not, it is impossible to deal with the really good between the two relations, it is really impossible to play the role of economic law, it is impossible to solve the real problem in China. The author is with such questions, along this line of thought, to explore the essence of soft law, soft law and to explore the relevance of economic law, soft law of the specific impact of the economic law with a view to the development trend of economic law proved. Therefore, this article is divided into five parts, one by one to start from different perspectives and levels on the topic of this article to the subject of this article there is a clear understanding of the system.The first part of this chapter aims to clear knowledge of soft law. On the concept of soft law has been defined. Because of soft law is not in the traditional "law" within the scope of the concept, so the use of pluralism and the system of soft law on the certification legislation, and an analysis of the effectiveness of the source of soft law, it is soft law and hard law, the most obvious difference ; and the characteristics of soft law summarized, in order to later lay the foundation for the explanation.The second part of this chapter focuses on the specificity of the Law. At present, the development of economic law in our country in a difficult position, which is the development of our country's unique path of economic law are not unrelated. Law required the coordination of the relationship between the market and the government, but society's economic development groups made the surface. In addition, the Law on the system with the traditional architecture of the department have very different laws, with modernity. It is the specificity of the above Law, the Law only for soft play and integration of the possible and the premise of providing.The third part of this chapter on soft law and economic law fit to carry out an in-depth relations are described. Interaction theory is the spirit of mutual integration of the two; immediately from the historical mission of view, even at this point the two are on the sides of the same coin, and both have failed and efforts to cure a double; Law in order to achieve real justice as the core, soft-law has a special way be able to assist in its implementation of the nature of the objectives of economic law. Looking at the scope of application of the two actually have the same area of governance. It just goes to show, both in theory and in practice, or both are possible and are already integrated.The fourth part of the previous chapter of this chapter is the integration of the two specific show. Soft-law from an economic point of origin, is divided into both international and domestic level, and separately there is a specific example of the analysis, even for soft-law of a specific, but also the economic field of soft-law of a specific application. And on this basis, in view of the division of economic law to soft law by embedding, in order to show the field of economic law of "soft law" Panorama.Part V of this chapter focuses on soft-law of the specific impact of economic law. On the basis of the previous four chapters, I think of soft law as a non-"traditional method", be included in the study of economic law perspective. Soft law can enrich the economic law of legal subjects, so that social groups at the exact legal position, the better to play the role of soft law; also can enrich the role of the form of economic law, to ease the hard law and hard to hit the market, and Flexible management of their own to make up the rigid means of hard law. Therefore, the Law should be both hard and soft, a little collection of both the common goal of implementation of economic law.