On The Application Of Soft Law In Administrative Law Enforcement

Law enforcement and soft law itself are in conflict, since when it comes to the law enforcement so is a serious and follow the statutory powers of the principles of administrative law, not favoritism, there can be beyond the law's discretion and not to other types of non law as the basis. But it is the traditional concept of law enforcement in now society in many, many contradictions arising and intensification, argumentative, caused the contradiction of administrative behavior itself is in line with the law, even the mandatory provisions of the law. Real life complex, administrative law is different from the criminal law, the external adjustment adjustment is society those changes quickly and the interests of the very small, the criminal law is to protect a kind of social common interests, social common interests will not be with the passage of time is too big change, but like "vinegar" in the field of the social life of a small benefit adjustment method if entirely by state law as the basis to solve, into a "performance of legal procedures, in line with the legal purpose" bookishness misunderstanding. In today's the rapid economic development, the era of the explosion of information and knowledge, facing the social life of small interests, to solve the social problems, alleviate social contradictions become people's pursuit of the first goal, and traditional hard law provisions tend to have resistance problem is solved. And national law, soft law is depends on the demands of the public, is due to the hard law to social life in certain matters not touch, soft law as a hard law supplement can be applicable specifications, the soft law norms in produce process on a social characteristics, it is the product of the continuous game and exchange of the public sphere and the private sphere, has become the main application rules of public governance. But a kind of any administrative mode has its own disadvantages, such as macro-control process control is difficult to accurately grasp lead to government may too much or too little, the development of the market economy in the end should be relaxed to what extent did not measure. Public governance model has its own risk, social public in involved in the creation of soft law in the process of whether enough accurately reflect their demands, a form of social organization will whether with other members of the community will conflicts, interaction and participation in public is likely to lead to abuse of legislative power, these are problems that may exist. The application of the specific mode of operation this paper will through the comparison of soft and hard law to explore in soft law in administrative law enforcement.