Social Power In The View Of Jurisprudence

Power, the most important phenomenon in human society, is rooted in the social relationship and construction; the change of society and work of power is closely related. Social power, being relative to the power of state, is a power under the seperation of the state and society. It is civilian and diversified. A normally cultivated society is the coexistence of social and country power. If there is power of state only, the society will be in a state of centralization and paralysis.Since the reform and opening-up in 1978,China has been in the process of social transformation. The power has been becoming more and more diversified, and gradually transfer from the state to market, then to the society. One fact of it is the raise of non-governmental organization, which has been a major part of society.The normal social power is an ability based on the right and law. It is set and followed to ensure the implementation of the law, and to improve the public interests.It has been improved that power is an evil of necessarity. It exists to balance the country power, build and maitain the harmonious social rule. It is regarded as an important tool to build the a democratic and modernized country. The expansion of power decides this evil. Without the regulation of law, it must be set up over civil rights and law.The basic problem is how to regulate the social power to ensure that it works according to law. Legal pluralism means that there are different levels of the law, such as hard and soft one. The rule of law is not only hard rule of law, but also soft rule of law. Of short, hard and soft law the social power, which constitutes of hard and soft law is the necessary base of standardization, institutionalization, Without the separation of powers, in particular the separation of powers of the state and society, it is certainly hard to gain a benign interaction between the state and society, and more difficult to construct a true sense of democracy, rule of law society. The fundamental goal of this paper is: based on the society of China, the norms perspectives from the description and explanation of "social power" inherent logic structure and operation mechanism, in a bid to reveal a state power and social power of positive interaction of multiple power picture.