Study On Countermeasures Of The Hidden Rule In The Perspective Of Law

The hidden rule has prevailed in our country for long.Its purpose is maximizing theprivate interest, so it dispelled the formal legal system seriously, impeded the rule oflaw in society and affect people’s confidence in the rule of law. In view of the enormousdangers of hidden rules, we should carry out in-depth analysis on it to identify thepolicy of rational response.This paper analyzes the two sides of the hidden rule through the meothod ofsociological law and the positive analysis.It points out that not only the negativefunctions of the hidden rule we should see,but also the active functions.And we shouldtake different governance patterns based on the hidden rule of different types offunctions.This paper is divided into five parts.The introduction put forward that we shoud treat and govern the hidden rulerationally.The first chapter analyzes the definition and features of the hidden rule, and theconcepts related to it. The paper points out that the hidden rule is a kind of covert normswhich travel in one class or coterie,centres on power and interests, and contrary to theformal legal system or mainstream morality. It has four features. The hidden rule violatethe law, but can fill the law loopholes. It is very different from civil norms, but there arealso common between them.The second chapter discusses the existence of root causes of the hidden rule fromthe aspects of interest, power, law, history and cultural traditions.The third chapter analysize the function of the hidden rule. It firstly introduced theunspoken rules of academic research on "The Great Controversy"about the hidden rulein academic, followed by analysis of the two kind of function-positive and negativefunction of the hidden rule, and finally sugges that we should treat the hidden ruleproperly.The fourth chapter presents the countermeasures of the rule of law on hidden rule.For the negative function of the hidden rules,we should establish the separation ofpower proposed by the constitutional, a strong oversight system, improve the level oflegislation, develop the market-oriented economy and shape the modern culture of ruleof law, then take a comprehensive countermeasures to eradicate it.For the positive function of the hidden rule,we should take corresponding strategies includingtransformation, absorption and retention.The conclusion reiterated the theme of this paper.It pointed out that we should takecorresponding countermeasures which according to the negative and positive functionof the hidden rule in order to realize the good governance of the hidden rule finally.