analysis of the soft law is not law reflections discussion（软法的分析不是法律反思讨论）.doc

Analysis of the soft law is not law Reflections discussion Abstract With the further development of economy and society, the growing phenomenon of soft law by the legal community’s attention. ‘Is it soft law should be incorporated into a socialist legal system with Chinese characteristics’ has become the focus of academic controversy. According to the traditional concept of national law, soft law because they do not have the coercive power of the state are excluded from outside the field of legal research. However, globalization, democratization and social development trend of information technology has heralded the ‘rule of law’ under the concept of soft law for the construction of democracy and the rule of law, promote public-domain management model of governance by the State to the importance of public governance model transformation. Thus, ‘our country’s academic community should treat soft law’ have become a significant problem. Paper Keywords soft law concept of the traditional method of public governance First, the content and features of soft law ‘Soft law’ (softlaw) The concept first appeared in the international field of study, usually refers to those who are not legally binding but can produce a certain legal effects of international documents, such as the UN General Assembly or the other resolutions adopted by international conferences and Declaration, the International Organization recommended standards and recommendations.  Bi 1970s after the soft law gradually expanded from the field of international law to the domestic law of the research field. In the late 20th century, the Western developed capitalist countries have been caught in social crisis. On the one hand, the rise of people power: public expectations participation in public governance increasingly strong sense of social responsibility, the social order and individual freedom to pursue more deeply. At the same time, the rise of the public information network technology pr