Public Power Operation Mechanism Research Of Soft Law Field

Public power as a social control power is important for asserting the publicinterest and constructing a harmonious and stable social order. But a number ofpublic powers may arise problems as the alienation of public powers in the processof its exercise. In view of soft law is an important means, to inflect the operation ofpublic power, the article will try to uncover communication between soft law andpublic power, discuss how to control public power effectively and reasonably,ultimately, to find a rational system of monitoring the operation of public power,and the public power operates reasonably, enhance following the law and theperfection of constitutional government system, finally realize the target of the ruleof law.The article is about40thousand words, consists four parts.The first part: public power and its operational in China. This part is on legaldefinition of public power. First of all, introduce the legal concept, features of publicpower, on these bases, expands the operation mechanism of public power, introducethe operation principles and procedures of public power, then introduce thenecessity of control public power, which leads to soft law control public powernecessarily and soft law how to control public power in mechanism and mode. Anddiscuss our country public power operation status.The second part: Public power bureaucratization and soft law. Firstly describethe origin and development of bureaucracy, then from the non-market organizationsperform government functions and its necessity. With the bureaucratic system in thedevelopment process has some shortcomings, also led to corresponding drawbacksof soft law, so we need use soft law to reform bureaucracy reform. In the end, thebureaucracy system development is discussed.The third part: Public power socialization and soft law. First is the legislativeright socialization, the second is the socialization of administrative power, onceagain is judicial power society. The last is soft law in the role of the process ofpower socialization.The forth part: Soft law on regulating the path choice of public power. First isthe way of controlling the public power, and then is soft law on regulating the pathchoice of public power.