A Research On The Nature Of Legal Source Of Autonomy Specification

Since the1980s, an association revolution sweeping the global communityabroad the world, and rising social organizations, has became the theme of the thirdsector which forms a strong shock to the traditional political system, economicsystem and social system of the global countries and regions. The trend also led to thedouble reflection both on theory and practice.Diverse autonomy order’s continuousdevelopment has also led to the double reflection on legal theory and practice. The“rule of law” is to making people obey the governance of rules. As the social powerhas been monopoly by the state, the "rule of law" usually and firstly means the rule ofnational law. As a result the national law has been the sole source of law all the time.This model of the rule of law mainly relays on the rise of the modern sovereign states,and depends heavily on the national authority, and finally became such a machinerymachine-process. Fortunately the association revolution has effectively promoted thedifferentiation of social power. And the autonomous organization’s sustainableseparation of powers and the reforms in the field of public administration, bothcontribute to the forming of the social power pattern of country-market-society.Community groups based on the community autonomy has successfully formed aseries of autonomy specification, and has shaped the community autonomy in order,relaying on the gathered collective authority through the eternal democratic process.As a result, the “rule of law” has developed from the national unitary model to thelegal pluralism model. Because the community’s autonomy specification makes upthe basis of the community’s autonomy order, it should be seen as an integral part ofour “official source”. Formed legal theories including our country’s theory of folk law,theory of soft law, and the theory of private contract, has made the beneficialexplorations from different angles. But there are still varies inherent contradictionsand shortcomings in the formed legal theory, which make it is difficult to completelyculvert perturbation that the autonomous communities demand. Theory of this paperargues that the reason is that these theories are preset on the theory of legal source of nationalism views, and finally take a back seat to the “informal legal source” such as“folk law”,“soft law”, and “private contracts”. This article embarks from theontological concept of community self-government norms, and puts forward thegeneral constitutive requirements of the legal source, through carding and reflectingon the normative legal theory community autonomous point of view, and reviewingthe shortage of the nationalistic view of legal source, to certificate that theindependent legal position of community’s autonomy specification as legal source.Finally, the construction of frame system of autonomy specification as legal sourcewill be generally discussed.