The Jurisprudence Research Of Unspoken Rules

Before twenty-first Century, Chinese not so-called unspoken rule is a word. But without this unspoken rule that does not mean there is no unspoken rule this phenomenon. China saying "there is no wall", the imperial examinations, the contemporary commodity rebates are unspoken rule manifestations of the phenomenon. In the contemporary China unspoken rule, affected a large part of real life, as long as the area of interest is almost unspoken rule of operation. Mr. Wu Si first proposed the unspoken rule is the word in his published work "unspoken rule:China real historical game" in2005. Since Mr. Wu Si put forward the unspoken rule after the word, newspapers and magazines are filled with "unspoken rule" of the word, the word unspoken rule deeply imprinted in the minds of readers, the unspoken rule phenomenon caused the attention of.Unspoken rule phenomenon in today’s China even throughout the world are worthy of our attention. In particular in the background of China the theory of constructing harmonious society jurisprudence research unspoken rule is particularly important. At present, unspoken rule in the field of judicial practice, limitations, and the theoretical research is still not deep only at the exploratory stage. Unspoken rule has profound social and institutional reasons. Unspoken rule exists, not only increases the operation cost, reduce the effect of law enforcement, but also reflects our lack of formal legal system. But the simple rejection of this social phenomenon is not conducive to improving the social control effect of law. So the unspoken rule of Jurisprudence research to understand better the reason for the existence of unspoken rule, and better coordination the relationship between the unspoken rule and the rule of law.Further study on the unspoken rule based on the concept and characteristic of this paper. The first part from the cognitive study of unspoken rule in the western scholars. The western scholars mainly from the economic field and social field to make similar interpretation of the unspoken rule. The domestic scholars since Wu Si first proposed the concept of unspoken rule, different scholars from different perspectives on research. Tang Shaoxin study on the informal system, Zhu Li research on social morphology, Lv Xiaokang from the perspective of social culture. Finally, to the author’s understand of the unspoken rule, think the unspoken rule is a kind of pursuit of the objective value and lead to the abuse of power, and the rules are not legally binding rules. Analysis of the difference between the unspoken rule and rule, the formal rules, informal rules and the rule of law, think the unspoken rule is hidden, universality and practical utility. Second and the third part of this paper from four aspects legal, social, economic, and political analysis of the cause of unspoken rules and gives the negative effect of unspoken rule to the society. The fourth part to make a feasibility analysis of the unspoken rule, and from the aspect of legal system construction of objective, that is to say from the legislative, judicial, legal procedure three aspects perfect, and the subjective aspects to improve the people’s legal conscious ness, moral consciousness and reshape the human relationship networks to find the treatment methods.