Rethinking Of Soft Law

Generally, soft law has three different contexts. In the context of international law, the soft law is a non-treaty obligation, and in the context of the European Union law, soft law is not legally binding rules of conduct.The nature of soft law is always argued. From the sociaologist angle, the supporters consider the theoretical nature as the base theory, insist soft law as the nature of law. The opponents consider the monism as the support of their thoery, which holds the rule of centre, claim that soft law is not law. The diversity ofv law is changed to pan soft law doctrine, causes the view of pan soft law doctrines’s theory--all the rules are law. if one rule is not hard law, which should be the soft law. even if it is hidden rules, either is soft or hard law. Sociologist of law develops the trend of soft law is also law, which produces the point of soft law is part of the national law and all the social rules is soft law, because of lack of national mandatory.On one hand, the legality of soft law in the three dimensions has different degree of weakening and deletion, also the obligation of soft law is not clear and accuracy is not enough, enaling is missing. On the other hand, Soft law is not just a lack of state coercive power, the applicability of soft law is also a lack of judicial, legal effect hierarchy and conflict rules. On the other hand, soft law is not a complete system and second-order rules of soft law is incomplete. Rule of recognition is not prominent, and change the rules is not obvious, the referee rules do not exist.The concept of soft law is contradict, which called soft law as law, not only confuses the thinkings, but also teh legal circles, and effects the stablility of law, also is bad to our rules of law. However, soft law is changed to the soft rule, which not only ensures the functions and effections of soft law in the public goverance, and also aviods of the soft law’s contradiction and highlight the non-legal nature of soft law, is more appropriate for the nature of law phenonmenon, which is the real name of soft law phenomenon.