The Rule Of Soft Law Underground Harmonious Society

Society harmony is a distinctive character of socialism, an aim of completely constructing comfortable society, the goal of Scientific Development Concept. Sequence, efficiency, liberty, equality, democracy, those are values of socialist harmonious society. Harmony is the general Principle to cope with relationships among them. Democracy and legality is an important trait of socialist harmonious society, which provides political and legal system safeguard for socialist harmonious society. The harmonious society is first the government by law society, the rule by law is its inevitable requirement. The practice shows that the one-way national administration is not sue to the values of socialist harmonious society, becausing of hard law’s rigidity, hysteresis nature, enforceability. So, hard law gets into trouble in the process of constructing harmonious society. With the coming down of administration of country and the rise of public governance in the worldwide, the definition of traditional law, especially the national law, is difficult to cover the extension of legal norm and to include the inherent elements and the spirit. Modern law is now deepening and spreading its connotation and extension as well, so it also has basis that the law is divided into two basic forms, hard law and soft law. And the scholars are more interested in the soft law. This article demonstrates that soft law is a legal norm with perhaps incomplete structure of legal effect. Its enforcement does not rely on government’s mandatory enforce, but it can yield actual social impact. Same as the hard law, soft law is also a basic form of law. However, the way that soft law reflects the basic characteristics of law and performs major functions of law is different from that of hard law. At the same time, it adjusts relationship of the law with hard law together which is the supplement to each other. On one hand, the soft law promotes Legal Process of Legislation, and plays a role in the process of promoting construction of a harmonious society. On the other hand, it is effective to compensate for the shortcomings of hard law, to achieve the interactive governance of legitimacy and effectiveness of law. But there is very obvious defects existing in the soft law. Firstly, soft law’s deficiency of rationality is unfavorable for constructing legal society. Secondly, soft law prone to be alienating that needs for the corresponding consummation of it. So, a mixed legal structure that consists of both hard and soft aspects is an inevitable Choice. It is necessary for us to respond to the current needs, to explore the overall improvement of the quality of law on the basis of the objective evaluation of the functions of soft law; and to discipline soft law, in accordance with the requirement of constitution and rule of law. So that we can prevent soft law generalization, and realize the effective joint and integration of soft law and hard one, The ultimate goal is realizes the target of rule of law.This thesis consists of three chapters, from different angles and levels to relate and analyze. Part I, pose and analyze the question. First analyze of the characteristics and background of rigid management style, the plight of reflection, which leads to the soft law in the harmonious society practice of the Boom and the theory of follow-up. Part II, analyze the positive and negative effects of soft law, which the role in constructing harmonious society. Part III, raised some measures for completing and improving soft law. In the last part, the paper Points out the soft law own the limitations of themselves, therefore we cannot give up "hard law governance", harmonious society’s management system should be a "carrot and stick", that is to say, in "hard law" shall Prevail Premise, Play "soft law" in order to form the flexibility of soft law and hard law cooperation regulation. Only through the soft law with hard law integration, can make the soft law play the largest value in the legal system. Soft law which has vitality can promote the strategic target of harmonious society into realization.