A Study On The Boundary Of Law Under The Vision Of Social Autonomy

In China,the rule of law and social autonomy are both important ways of national governance.The norms of social autonomy,as informal norms beyond national laws,It plays an indispensable role in maintaining the order in the fields of rural governance,industry autonomy and moral education.However,at present,the number of national laws surge,arbitrary expansion and even suppression of social autonomy norms are common,the reason lies in the failure to correctly define the boundaries of laws.Therefore,it is of great significance to the construction of the rule of law in China to define the boundary between national law and social autonomy norms and straighten out the relationship between them.This paper studies the boundary of law in the perspective of social autonomy from four parts:conceptual definition,ideological origin and theoretical basis,manifestation and demarcation path.Firstly,on the basis of defines "community autonomy" "boundary" "the boundary of the law" and other relevant concepts,put forward the legal boundary under the vision of social autonomy is the division of national law and the regulation of social autonomy,Then,the ideological origin of legal boundary is discussed by combing legal boundary ideas in the history of Chinese and western legal thought,and the theoretical foundation of legal boundary is built by combining state and society theory,universality and particularity theory,autonomy and discipline theory.this paper take village regulations and codes of practice and moral rules as examples,analyzing the transgression and adherence of legal boundary in the form of social autonomy,Finally,it puts forward the path of abiding by the boundary of law in the perspective of social autonomy,which is Follow the principle of simple legislation from the aspects of article style and expression,follow the principle of balance from the national law legislative and judicial level and social autonomy principle for scientific division of labor,then division of national law and social autonomy norms in their respective and joint adjustment areas,And summarize the significance of abiding by the legal boundary to the theory and practice of the rule of law.It is hoped that the present situation of complicated legislation can be alleviated to a certain extent and the governance value of social autonomy norms can be explored to the greatest extent.