| At present,China's socialist legal system has been basically completed,China's hard law system has been basically perfect,which not only shows the construction of rule of law in China has made great achievements,but also put forward new demands to the future work of the rule of law in China.With the development of the times,the people of the rule of law,democratic consciousness and awareness of their rights gradually increase,a single treatment of hard law has been unable to satisfy the public participation requirements of the rule of law,therefore,to explore the new rule with the support of the hard law of governance means should be the top priority of the rule of law.As the object of this study is not only soft law resources is an important component of the socialist legal system,but one of them can be resource governance means that the rule of law for the improvement of the structure,the process of promoting the rule of law has an irreplaceable role.This is the practical value of this topic lies.Contribution of the topics in the theoretical value is mainly reflected in the research methods and cognitive path selection.Although since 2005,the research on the soft law already achieved some results,but structuralist method for the study of books,papers,etc.are few.This thesis is to study the structure of methodological tools,the use of the basic theory of jurisprudence and law and economics to form their own resources to make soft law Defining the correlation factor analysis,all relevant factors and the specific structure of the rule of law will be between macroscopic and Progressive the study.According to the theory of basic economic theory law,all legal activities include building legislative,judicial rule of law and the whole system can be used for analysis of economics and provide guidance,the main effect of the law is that the efficient allocation of resources and rational use.From the perspective of resource economics,socialism with Chinese characteristics to build the rule of law activities,in essence,it is its internal resource allocation activities undertaken.In building a socialist country ruled by law,and how to achieve the optimal allocation of resources to achieve-maximization "cost-benefit" is our country's rule of law in practice always to solve the problem.From the perspective of structuralist analysis methods,the resource itself is the structure of a system,inclusive of a variety of specific resource elements.The soft law itself is a resource,and resource elements other legal systems,such as hard law,civil law,moral ethics,etc.make up the dynamic structure of the rule of law in the sense of the rule of law in terms of structure.But soft law resource elements of its value in the process of improving the structure of the rule of law,but reflects more of its resources as a relatively independent structural elements under the command of an active role.Thus,soft law Resources studied in this paper has a connotation of two different levels:first,the rule of law itself as a resource structure,exist in parallel to each other and hard law,civil law and ethics,and so,the second is soft law itself is considered an organic structure and the need to build and run the various elements as the basis for resource and power.According to the basic principles of resource economics,this paper discusses the resource elements within the structure of soft law in turn divided into basic resources,human resources and intellectual resources.Three resources in the overall commander of the rule of soft law,the common commitment to the rule of law System Construction and efficacy finally realized. |
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