The Law Sociology Analysis Of Hidden Rules

In current Chinese society,the rich connotation of hidden rules is known to everyone.It has become a widely accepted vocabulary of people's life.Hidden rules is applied in a lot of occasions,suggests that the rules exist in all kinds of social relations,evolve into different forms.In recent years,people often use it to describe those disgusting behavior,such as the sex trade in the entertainment circle,and the commercial bribery and so on.Offended by the hidden rules is not only the people's moral bottom line,even infringe the legal rights.The behavior of Chinese crossing the road just reflect the ideas of the Chinese people like to take shortcuts.Sometimes we don't blame the violation of rules.Instead,when these people have the ability to bypass or even damage rules,we even envy them.This kind of phenomenon reflect the current social values distortion.Social order need rules to restrain people's behavior,the effectiveness of the rules has the vital significance to the operation of the social life.Rules is not only a kind of objective existence,it can go deep into the people's values.Formal legal rules and"hidden rules" are the collision of two different values.The formal rules represent the interests of the public,in line with the socialist mainstream values.Hidden rules pursue extrajudicial rights,represent the interests of the minority groups.The current legal rules more emphasis on the protection of the rights for the weak.Hidden rules represents the interests of master strengths,and squeeze the people at the bottom of the interests chain.Hidden rules drift outside in the formal system,corrosion and challenge the bottom line of formal system.Studying law phenomenon should focus on the social practice.In such a transformation of our social,the violation and conflict between hidden rules and the rule of law need to be study in time.The research target of this paper is to clarify the concept and characteristics of this social phenomenon,and then from multiple perspectives and disciplines to analyze the reason of hidden rules.Finally discusses the theory and practice enlightenment which the hidden rules bring us.This paper includes six parts:The first part is introduction,briefly introduce the research object and the origin of the selected topic.The first chapter expounds what is hidden rules,respectively from two aspects of the definition and characteristics of hidden rules to position this social phenomenon.Besides the classic definition of hidden which Mr WuSi summarize in its reading history essays.This chapter respectively make a legal and institutional analysis of hidden rules,introduce institutional economics as the new research perspective,define hidden rules as informal institution that contrary to the subject system.Then according to the definition of hidden rules,hidden rules has concealment,diversity,justness and effectiveness of these four characteristics.The second chapter began to investigate the relationship between the rules and the rule of law,Including connection and difference,the contradictions and conflicts,and the result of excessive hidden rules.This paper respectively from die form,formation,content,use and value to study the heterogeneity of hidden rules and rules of law.Then describe the violation of the rule of law,and the result of excessive hidden rules in detail.These effects include:undermining the rule of law authority,increasing transaction costs and damaging the fairness and justice.The third chapter mainly elaborates the causes of hidden rules,including sensibilities reason,psychological reason,system reason.Human society and face culture constitutes sensibilities reason.People instinct to have the traditional ethical behavior.Studying from the perspective of social psychology is the innovation of this paper.Both the herd mentality,the law of large number and the external environment stress affect people's behavior choice.In the institutional factors,respectively from the system concept and system defects are analyzed.The fourth chapter mainly elaborates the enlightenment of studying hidden rules.The view of Hidden rules have rationality point is a flexible kind view of law.Hidden rules can't be tolerated in the rule of law society.Clean up the hidden rules is a long-term and arduous task.First we need to perfect the rule of law to reduce the development space of hidden rules.Secondly,we can regulate the hidden rules from three aspects such as inhancing operating costs,increasing intensity of punishment and strengthening the supervision.The last part is epilogue part which summarizes the thesis research ideas,and further confirm the research of hidden rules for the necessity of modernization of the rule of law.