A Research Of Soft Law Applied In Lawyer Business Based On The Empirical Perspective

With the rise of public governance in the worldwide common, soft law norms in the organization and adjusting social relations role is becoming more and more important.But at present domestic soft law research is still in its infancy, soft law should have the specification of the utility is far from true.The absence of soft law in practice, not only is the drawback of the whole legal system itself, also seriously restricts the social contradiction resolving, the coordination of social relations and the efficiency of the whole society. A lawyer should be loyal guards of the citizens’rights and freedom,From lawyers produced in the long history of the moment,"the defending party, from unfair punishment, to defend their freedom and rights" has become our most solemn duty in the lawyer group. With the continuous development of social economy level and the advancement of society under the rule of law, the conflict between interests subjects showed a trend of diversity, equity and justice is the core of the modern judicial spirit, and a lawyer under the modern justice system plays an extremely important role.Currently in litigation, the authority of "hard law" account for most of the applicable law, although the hard law have the absolute authority, but in the face of the complicated social reality, the existence of the traditional hard method due to its rigid and make it in front of the conflict of laws to solve diverse slightly weak. Soft law of flexibility, diversity, consultative can make up the defects of the above.This article mainly uses the theoretical research and empirical research and analysis of research methods, through combing soft law applicable and relevant contents of the socialist concept of rule of law, emphatically put forward the soft law applicable in the business of lawyer litigation has the advantages of great necessity and superiority, and further elaborated in order to realize judicial justice, should pay attention to the strength of soft law, pay attention to the "carrot and stick", build a harmonious coexistence of soft and hard method legal environment, specific implementation methods of soft and hard coordination and unification, maximize the value of soft law degree. This paper an introduction to the basic theory of soft law and defined, and the analysis of soft law and the union of today’s socialist rule of law spirit, should strengthen the soft law applicable in lawyers lawsuits reflect the strength of the business. Then, based on the four different areas famous law firm on soft law awareness and applicable conditions of questionnaire survey, summed up the current soft law applicable in the lawsuit business situation in our country, and then Outlines the current soft law applicable in the field of litigation business problems. Finally, combining with the above problems, proposed the concrete and detailed solutions for every problem.