Cooperative Governing And Regulation Autonomy In Obscure Filed Of Public And Private Rights Sector

Chinese law system is part of the continental legal family which is abide by the idea of rationalism in system building and is affiliated with logicality in concept system. This particular concept system focuses on the cognitive ability exerted by human kind in building all round system construction of social life. It is on the basis of classifying social structure by legislators and thereupon creating the corresponding catalog and framework of legal system. The real world and its operation, however, by no means in equivalent with the hypothesis. The system operation in reality largely depends on life rationalism rather than logic concept. The separation in public and private rights which continental legal family relies on is actually a institutional system with logicality in social planning. It always encounters obstacles in the social movement of pursuing benefit, especially in the process of the social democratization movement. The radical expansion of the third territory besides civil society and political state, making this statutory law even more blank. Under the strike of opportunism and collective movement, again government and individual reunite together for the common appeal of order, thus, creating the obscure filed of public and private rights sector on steam. In this sector, symbol and organization become the basic units, as an interactive platform of monitoring and punishment which provided by government and individual so as to obtain order and service, it has different operative mode in fossilized and mobilized social pattern. It will be a tendency in intensifying mobilization. For the sake of economizing social costs and balancing the structure between civil freedom and social security, the cooperative management conducted by government and privacy safely becomes the method to take. This method endows the rights of the third territory to carry out regulation autonomy, and gain the authoritative rights that equals to law enforcement through state regulation enforcement. This train of thought is backed up and confirmed by solid evidence in social activities under rural and urban structure as well as in the case of college student suing university. Therefore, this thesis will continue to analyze in the following five chapters besides introduction and conclusion.Chapter1 The main content of this chapter is that the separation of public and private rights is the presupposition of social structure based on human reason and the logic in the real world is not as clear-cut as that in the theoretical field. The obscure field between public and private rights, for which not created by the system itself, is ubiquitous in the running state of this system and all solutions according as current institutions is not of a poor effect. Thus should we solve this problem by resorting to institutional innovation or through the improvement of skill in system operation? Can we come up with the generalized theory or program for institutions? The key to this issue is the revealment of the most crucial factors in the choice of institution by the deconstruction of separation of public and private rights from the phenomenon which can be easily touched and observed.Chapter2 the deconstruction and reset of the public and private rights at the boundaries with Operating system---the Combination of Consensus, information and punishment. The main content of this chapter is that urban-rural dual structure is the basic social structure of Chinese society settled down with the development of Chinese society. And it is the basic system to analyze the Chinese society and its institutional demanding. Rural social structure and system running conditions can be analyzed from the observable "township brothers". Essentially, "township brothers" a information organizations in rural society, spontaneously provides a set of the order and service mechanism that not deviate from the national appeal. However its way will always contain public services and order constantly into private domain behavior and norms. We can catch out three elements-consensus, information and punishment, with which any social norms effectively operates, we also can find that in the static social structure the directly combination of the state and private can be realized through the intermediary organizations, and authorized intermediary organizations within the intention of the state, and can form a set of order without legal. While it is much more complicated that the system model demanded by the order and service in city liquidity social structure. Because of the possibility that the directly combination of the state and private greatly reduced with monitor and punishing cost increase. On this basis, this paper puts forward a set of can explain the phenomenon theory "Faucet effect", which provides a basis for Deeper research.Chapter 3, the cooperative governance of the obscure field between public and private rights—the observation based on the governance rules of the third sector. The main content of this chapter is that the contractual arrangement and third force provide conditions for the collusion or cooperation of public and private in the obscure field, and show itself in the way of the design and application of internal rules, but its manifestation is flexible, and its operating mechanism is also dependent on the interaction between actors in action. Hence, this field may still be in an effective order in the condition that the directly constraints of ethic and law is absent, and it is often show itself in the way of the design and operation of internal rules. This trend was the movement known as the Decentralization of legal rights, and others called it as the autonomy of legislation and law enforcement from the perspective of the opposition to the state law.Chapter 4, the independent legislative and voluntary enforcement law enforcement in the obscure field of public and private rights. The main content of this chapter is that the legislation and jurisdiction under State-centrism cannot solve the problem of rights division on the precondition that law is inadequate, on the contrary, the views prior to the society has played a decisive role in the aspects of deconstruction of social systems and maintenance of order, which means that the traditional social control system have to change in the deconstruction.Chapter5The behavior selection in the operation of private rights obscure field—take empirical analysis in cases of the third sector for researching methods.the main content of this chapter is that through the observation in the private legal right of obscure field running situation can predict informal rule running conditions, due to the judicial has more observability, the court,representative of the judicial,as external system can cause changes between behavior of the law body and inner system, it is the optimal choice of domain provides. And this provides a breakthrough point for superior institution optimal. In order to further, for further simplified, this paper still takes the typical case of recruit students general rules for empirical analysis. establish model on it Without external institutional constraints, Independent game between schools and their students result to mutual betrayal opportunism behaviors. Endogenous imbalance gaming among actors affected by external institution. the application of the internal institution controlled by external institutional. Entity standard of the internal system limited control external control.so, it is should construct tolerance system.At last,, based on previous demonstration,the findings obtained in this paper, the author puts forward the obscure field should establish rules of the relative autonomy, and relative institutional framework for non-actionable, and refine out specific kinds of situations and standard system.(I) research methods and innovationResearch methods Service research purposes. However, Methods can also affect the scientificalness of the research approach and the theory. in the public and private rights obscure field, if only the study on the concept of using correlation analysis and comparative study it is afraid to obtain convincing results and verifying interpretation. Therefore, this paper selects to research rules on the combining empirical analysis model, between legal economics and sociology of law,and highlight the explanatory power which empirical for the living world, therefrom gained a deeper understanding of the field.Due to the methodology of innovation, this paper made a breakthrough in the following areas.1 in the operation of the system find the public and private rights obscure field, and puts forward it is not the result of legislation, but the product of legal system operation.2, targeting the third sector, deeply analyze The opportunism actors in the obscure field of the public and private rights. And find that the contemporary society is instead of the control and punishment mechanism of the directly contacting between the state and the private in the traditional social by Symbols and organization. This changes result to Individual freedom, balance of social responsibility and the regeneration of compatible legal system.3. "The faucet effect" is found in the research which can be apply to the public and private rights obscure field, and it is also provide a theory basis for the current social to solve credit, trust and signal mechanism continuity.4.it is creatively to apply game theory to operational condition analysis of the specific system and on the limited condition, to develop that the responsibility of the state which ensure the conflict realize cooperation in the limited gaming. (Ⅱ) significanceSince this article has made innovation at least in the preceding discuss, this study also has important theoretical significance and practical value, the most of important are the following:1. Changing the traditional thinking approach that observing society through institution, in turn, this article to observe all system and social structure from the perspective of social action of social behavior.2.To achieve a series of theoretical innovation such as theory "Faucet effect". On the basis of strengthening empirical studies3.Putting forward solution through analysis which is in favor of realizing society and institution compatible and stability..4. Making relevant theory or society consistent with institution in order to Link theory with living world.5.The study may have to provide standardization training for theoretical practical operation.(Ⅲ) the difficulty and the importanceTo engage in this research is not easy and perfect.faced with the new discovery things, the information is not bad enough in the process of seeking observable and empirical institution, The whole field is absent practical condition and concrete exchange of ideas. The he condition of pre-existing theory is absent has been become the difficult point for research. For this article,what the difficulty one is also the important one in the study. Specifically, the top priority of the study is following aspects:1.How to realize the separated institution of pre-existing the public and private rights trend to be obscure?2.How to decontaminate reasonable act of specific actor in the public and private rights obscure field?3.How to understand the changes of linking application between the state and the private and to discover the two parts safeguarding social structure and institution on which monitor and punish mechanical reaching to mutual acting system.4. How to realize theoretical and practical innovation based on the concrete phenomenon in the process of explaining living world. Such as "faucet effect "cooperative governing and regulation autonomy" "inclusive institution regeneration "and so onThis is all what the article is pursuit in the limited scope in my power, although,there is still much space which need to be more deeply and seriously analyze.however,due to the limitation of energy and knowledge, all shortages only be developed in the after research and advice of scholars.