The Theory Of The Law’s Order Function In Divided Society

The law has a extremely important significance to the human society.This kind of sense is not only its value,but also the actual performance of its functi ons.The functions of law to social order have been thinking through ages by p eople who did research on law.However,without the intervention and guidance on the behavior of social subject,and also without the adjustment and constraint s, the law has also play a important role in other dimension. This kind of fun ction occurs in the dimension of space and time where is hard to understand.A nd also its about the existence and occurs of itself in THE WHOLE SOCIETY.The reason constantly to bring out this function is clear that the acceptance an d obeying of law has been shaking.And this situation also do harm to the soci al order what human always followed.Based on DISTINCTION from AUTOPOIETIC SYSTEMS theory, the soci ety as we knew could to be change to new form as DIVIDED SOCIETY. DI VIDED SOCIETY is just the other look of what we knew as our SOCIETY. With the choose of taking a two-dimensional codes, the DISTINCTION betwee n system and environment, and the social order "system- environment" could be study in the infinite division, finally,the social form That presents the appe arance of each independent system of social mutual differentiation.The order function is not only the stable relationship between social contact.its major meaning is the self-referentiality order ability for order.This kind of ability keeps the stereo society in stable,and also prevent the social structure from collapse.This is the conclusion of the observation to DIVIDED SOCIETY,which shows the order function of law in DIVIDED SOCIETY.This orderly function of the law, first as an independent fact as the legal system contrast from the whole social environment. And this comes from the fact that the general flow of knowledge within the legal system to participate i n self-description, function-oriented market triggered autopoietic network. As an independent system, the legal system according to its nature simplify the com plex,mutation.Law’s order functions in DIVIDED SOCIETY, has important meanings. On the one hand, sustained temporal sense, the legal system of self-maintenance s elf-stable; the other is to recognize the structure of the legal system as a colle ction of other systems to maintain the concept of co-existence of systems; On the other hand it is the legal system itself is perfect for social improvement an d rationalization within the all structure of the operation of other systems also have a sense of optimization promotion. These three work together with the fa ct that protected that: the law is possible, and social subjects believe that the l aw is possible, because of this further believe that the law can prove self-hand ed ability, and through this ongoing through the back, to function in these thre e areas, will bring social harmony and stability and the harmony and stability and even more because of this positive development track.As for the legal system in the DIVIDED SOCIETY order functions perfor med at this dimension。But it is thought of the "natural", and was shelved in an insignificant position. But this unintentional neglect, however, created a parti al deletion of practical ability in legal development process. With the developm ent of the legal system, the legal system which has dysfunctional problem itsel f was being questioned. This paper is focus on the law’s order functions in DI VIDED SOCIETY. And also the paper will try to marked out the lost functio n and hopes that China can work out a self-development path in new way.