Exploration On Law's Essence,Composing And Function Under The Social Technology's View

Technology is divided into natural technology, social technology and cognitive technology. Social technology is practical knowledge system acknowledged, accepted and utilized by all the social members. It modulates the relationship between people, between people and society and solves the social conflicts and problems so that the purpose of society reform is realized. When the study is conducted on the social technology, generally the scholars refer the law as one kind of social technology, and exemplify the law to annotate the social technology, but why can we refer the law as one kind of social technology? In the thesis, that the law belongs to the social technology is verified through the comparison from the characteristic, constituent element and function perspectives of the social technology. The law is the embodiment of the common benefit and will of the class holding the state power, determined by the certain social living condition of the material, and is the total of the behavior regulation system enacted or recognized by the state and ensured by the state force to be enforced, and the legitimate relationship and legitimate procedure formed through the enforcement of the behavior regulation system, so the characteristics of the law are intermediate quality, difference quality and standard quality. Moreover, the social technology also has the general characteristics of intermediate quality, difference quality and standard quality. In the meanwhile, as one kind of social technology, the law mainly focuses on the rights and obligations and is ensured to be enforced by the state force, which is the different characteristics between the law and other social technologies. Analyzed from the constituent element perspective of the social technology, the entity element, rationality element and procedure element of the law correspond to the constituent element condition of the law. From the function perspective of the social technology, the social technology has the general control function and modulation function, which are also the main functions of the law. As one social technology, the law certainly has the functions such as directing, evaluating and educating. So judged from both the characteristics, constituent elements and the functions, the law should be one social technology. From the respect of social technology classification, the social technology can be divided into solid social technology made as regulation and soft social technology made as will. These two social technologies interact with each other. The law belongs to the solid social technology, and as the soft social technology the morality supplement and perfect the law.