China's Public Governance Mode The Value Of Soft Law Implementation Study

Soft law, known as "soft rules" and soft management", is a human behavior norm,belonging to the "law "in the broadest sense. In the past two decades, with the risingimpact of public governance in the world, soft law has been promoted by internationalorganizations and consequential phenomenons of soft law in the field of publicgovernance increase dramatically. As a result, a large number of soft law mechanismsperfomance and soft law has finally been extensively attentioned.As a new context, soft law has a broad space for development. On one hand, therise of public governance pattern and change of government’role all encourage socialorganizations to participate in various public administrations. Many of the policy,self-planning and other quasi-rule type of legal spring up like mushrooms, whichrequire the academic communities should stand up and face the phenomenon of soft law,make rational researchs to guide it properly, and filnally make sure it can play animportant role in public governance pattern and achieve better public governance. Onthe other hand, Luo Hao-cai, Jiang Ming-an and other well-known scholars in thecountry promote soft law vigorously, set up relevant professional at Law School ofPeking University, build a research center and publish high quality, innovative books,such as soft law and public governance. At that time, domestic soft law research hadreal started. Domestic research has gained some achievements, but we are still in thegrowth period, there are many gaps in research. A complete theoretical system alsorequires lots of theory and practice to verify. Since foreign soft law has been researchedcommonly, we should execute domestic research to satisfy the needs of the times.In this paper, we focus on the value of soft law through the method of theoryanalysis-empirical analysis-policy design. First of all, we will study the value of softlaw in the public governance pattern both in theory and practice; then describe themechanism of realization of the value of soft law and explain how it works; thenanalyze predicaments we will face in the process; Finally, the idea of the effectiverealization of soft law will be put forward.