Social Adaptability Of Law

As a method of coordinating social relations and regulating the behavior of people,law must keep stability to maintain its authority, and ensure the safety of the general’s expectations.But the changing society makes law’s adjustment object and content have been changed,if the law can’t be changed in time,gap between law and society will be deeper and deeper,which is difficult to achieve the purpose of social control.Based on the investigation to the relationship between legal stability and volatility, and the empirical analysis of China’s criminal law,the purpose of this paper is to discuss the theory of volatility, and find out the adjusting method of volatility, namely the method of adaptability.Based on the change of China’s criminal law as the breakthrough point, this paper comprehensively examined two penal codes and eight amendments of the criminal law in our country, analyzing the deep reason of changes in criminal law, which leads to the research object of this article--method of volatility.Then, the author analyzes the relationship between law and society in the angle of law sociology,and points out the necessity of the legal changes.Through analysing the method of the volatility and the stability,this paper indicates that the inherent contradictions between the method of the volatility and the stability and the necessity of adjusting them.In the history of western legal thought, there are four routes to adjust the volatility of law, which is: authority route, philosophy route, history route and sociology route.In the four routes, authority route attaches importance to the stability of the method, philosophy route attaches great importance to the volatility of the method,historical route attaches great importance to the stability of the method, and sociology route attaches great importance to the stability and variability of coordination.In practice, the common law system and civil law legal system adopted different adjusting methods of the volatility of technology strategy.By using principle of following the precedent, the common law legal system maintains the stability of law as well as equity law, distinguish between technology and the interpretation of the enacted law to maintain volatility;The characteristics of the procedure of the civil law legal system is helpful for maintaining the stability of law,and it also puts forward a series of beneficial system to change law, such as general rules of law, legal principle, the judge interpretation and judicial precedent.It has special significance for China to adjust the volatility of law,because since its founding in 1949, especially since the reform and opening, China has changed in the political, economic, cultural, social and so on various aspects, and the socialist rule of law is realized from scratch, from scattered to the change of the systematic.But, in the process of the construction of socialist legal system, the legislation, changes and abolish are all too frequent and easy, which sacrifice the authority and stability of law,and it is conducive to the establishment of the social order.So in the process of social transformation in China, the adjusting of volatility is also essential.To adjust the problems which happens in the process of changes in the law in our country, we put forward the method of adaptability of this theory, it is an inner mechanism which is pointing to in under the domination of certain legal concept, through the integrated use of a variety of legal technology and method, it produced in law’s process of operation, and can maximize its own structure and elements to meet the needs of the social life.To make law possess adaptability,we must ensure that the legal "stability" of volatility and changes in "stability", therefore, we need for regulation from the aspect of legislation and judicial levels.In criminal law, for example, on the one hand, in the legislative level,we need the criminal law created, the legislative idea, legislative technology to improve the method of adaptability, on the other hand, we must use the criminal discretion, legal interpretation and the case guidance system to improve the adaptive method.