How Does The Law Respond To Society

In the 1960s,the sociology of law was widely popular and flourished in the United States.The Berkeley school,as one of the important schools,is devoted to the exploration of the theory of how law is adapted to social needs and to solve practical problems.They put forward the theory of Responsive Law,with particular emphasis on the dominant role of legal purposes and the important role of legal participation,trying to build a more competent legal institutions to achieve a civil order of civilization.In general,the Responsive Law conforms to the ideal pursuit of a country under the rule of law,which also corresponds to the needs of the rule of law construction in China.Since the reform and opening up,China's economy has developed rapidly,the society has made great progress,the people's awareness of the rule of law and the concept of rights has been significantly enhanced,diversified values have spawned a variety of interests.The certainty and stability of the law make it difficult to keep up with the changing social needs,resulting in a certain degree of legal and social separation,to the use of the law caused many difficulties,and even affect the judicial justice and legal authority.In this paper,through the introduction and collation of Berkeley's theory of response theory,this paper analyzes whether there is a need for response law and whether it can meet the realization of response method in combination with various aspects.The main body of the article is divided into three parts:the first part is mainly introduced the basic theory of Responsive Law.The Berkeley school adopt a social science strategy,and through the analysis of the experience of various kinds of social variables,then divides the law into three types,Repressive Law,Autonomous Law,and Responsive Law.They adopt a model of development,which considers the "intrinsic motivation" of the law itself,and demonstrates how the three laws develop and change.The Responsive Law is the highest legal development stage of the three legal types,on the basis of due process,through consultation to participate in,improving the capacity of legal institutions,guided by a legal purpose to advocate the law should maintain a certain openness,to actively respond to the need of society,build a kind of civilization,to the right as the standard,restrictions and obligations of law and order.It is a practical plan based on empirical analysis,reflecting an academic impulse.It is also an ideal model in the range of abstract thinking,reflecting a spirit of reform.The second part mainly analyzes China's demand for the theory of Responsive Law.The prosperity and development of China's market economy have not only brought about the growth of material wealth and the liberation of personal ideology,but also caused some social problems.At the same time,with the convenience of network and association,people increasingly express their interest demands and values in various aspects such as economy,politics,culture,society and ecology.The formation and development of some social organizations and groups,and the social management and national management plays a more and more important role,make countries in the decision-making process to the interests and demands attention and response.China faces the dual economic structure and the dualistic social order,guided by the extreme legal formalism of the applicable law is difficult to effectively solve the broken reality of social problems and effectively maintain social stability.The integrity and closure of the law must be broken to consider more non-legal elements in order to achieve the substantive justice of the law.China's power frame system and state management model also make the application of law in China have certain openness,which can fully respond to the needs of society.These provide the necessary social conditions and resources for the application of the Responsive Law in China.The third part mainly summarizes the application and problems of the Responsive Law in China.The development of market economy and social changes have caused great changes in the role of social subjects in social management.Social forces,such as personal and social organizations to actively participate in,the construction of rule of law in our country from the central government "dominant" gradually to the central and local,transformation of the new situation of market and social participation.In order to effectively deal with the complicated situation of China's dual economy and social pattern,we actively explore the establishment of a pluralistic dispute settlement mechanism,especially the role of mediation system in solving social disputes.In view of the influence of legal formalism on our country,it emphasizes the orientation of legal functional application and instrumentalization,the attention to social effects and the requirement of judicial initiative and initiative.China's judicial reform has achieved a lot of results,but also encountered some difficulties.Therefore,the rule of law in China is mainly based on the basic national conditions of China,considering the unique social demands and practical needs of our country.