Research On Soft Law In Economic Law

With the coming down of administration of country and the rise of public governance in the worldwide, the definition of traditional law, especially the national law, is difficult to cover the extension of legal norm and to include the inherent elements and the spirit. Modern law is now deepening and spreading its connotation and extension as well, so it also has basis that the law is divided into two basic forms, hard law and soft law. And the scholars are more interested in the soft norm. To study the soft norms were late comparatively in the academic of economic law, which was not suit to the status of economic law as a new law department. In fact, being a respondent law, soft law norms also widely existed in the field of economic law, which existed widely in all main levels such as government, market, middle layer society, etc. The soft law norm with its own character and effect is difference from the hard law norm in the field of economic law, which its characters have non—national mandatory, flexibility and democracy with creation, non—judicial, non—classes in law rank. At the same time, it adjust relationship of the economic law with hard norm together which is the supplement to each other. On one hand, the soft norm promotes public governance and overcomes the government failure and market failure. On the other hand, it is effective to compensate for the shortcomings of hard norm, to achieve the interactive governance of both soft and hard norm and strengthen the legitimacy and effectiveness of law. Furthermore, it will promote economic law'objectives of the ruled by law. But there is very obvious defects existing in the soft norm. Firstly, the generalization of soft law is not conducive to built a society ruled by law, secondly, soft norm prone to be alienating that needs for the corresponding consummation of it. so we need perfect the soft norm of Economic Law from the perspectives as follows: Firstly, we must make the soft law go forward to ruled by law and prevent overextension of the soft law; Secondly, we should endow with certain characters of hard law to soft law and make it transform into the hard law through the effective joint and integration of soft norm and hard one; Thirdly, the rigidity enduing with some soft law norms make soft law progress forward to litigable ways; Fourthly, enhance the system of supervisor in soft law. Above all, we should study soft norm in the field of economic law comprehensively, so that exert its character with essentiality. And it is our historic mission for times that promoting the development of construction of economic law ruled by law that make use of these characters, so we need to treat earnestly the soft norm in economic law.