The Realization Of The Value Of The Soft Law In The Transition Of Governance In The Public Sphere

The concept of Soft Law developed firstly from the field of International Law,initially referring to non-treaty agreements.Later,with the worldwide transformation of Governance in the Public Sphere and the decline of State Management Mode and the rise of Public Governance Mode,the phenomenon of Soft Law in the public sphere emerged in great numbers and received much attention from many scholars both at home and abroad.Under the Public Governance Mode,Soft law is generally regarded as “ a kind of legal norm without an indispensably complete structure of efficiency which doesn't rely on state coercive force to guarantee the implementation,but can produce social efficacy”.Soft Law,as an emerging thing under the background of transformation of Governance in the Public Sphere,combined with the Public Governance Mode,plays its unique superiority.Under the Public Governance Mode,the Soft Law stands out by virtue of flexibility,democratic consultation and various forms.The soft law mainly relies on the self-discipline of the members in the social community during the process of creation and implementation rather than depend on the guarantee of state coercion.These characteristics make the Soft Law play an active role in remedying the lack of Hard Law,regulating the exercise of National Public Power and reducing the cost of social governance.However,compared with the Hard Law,the Soft Law was less restricted in the process of creation,and at the same time,the traditional concept of the rule of law still exists,so,to some extent,there is alienation in the Soft Law with a variety of irrational Soft Law phenomenon.Putting the practice in our country into consideration,due to the chaotic procedures in creation,unsound supervisory mechanism and the dislocation of the use of Soft and Hard Law,citizens misunderstand the rule of law which has influenced the stability and authority of the law.Meanwhile,the Soft Law has become a tool of power alienation with the emergence of rule of man under the disguise of rule of law which cast a shadow upon the benign operation of the Soft Law mechanism.Therefore,in Governance in the Public Sphere,we should rationally view the dilemma of the implementation of SoftLaw,complete it from multiply angles including the creation procedure and supervisory mechanism,and form concerted efforts with the Hard Law to realize the benign operation of social governance.