The Inquiry Of The Responsive Law

In order to the crisis of authority of law in the1960s, Berkeley school of thought on the construction of legal theory response was put forward. Selma. Nick and nate according to law and the social law phenomenon the interaction be divided into the method of suppression, model of autonomy and response type method. Response model of the construction of law and order is the autonomy model phase to overcome the disadvantages and defects existing in the law. Under type autonomy law and order, in order to control method of suppression phase of repression, constraints, authority, and maintain its legitimacy of governance and the integrity of the need to establish a rule rather than the rule of law, the authority restraint under the standards of clarity, the autonomy model method to turn to rules and procedures. Rules and procedures apply constraints the authority, but also caused the excessive formalism, make law become rigid and closed, can not adapt to the development of the society. Response model in order to achieve the correction of form of the rule of law, law and order by objective will introduce a kind of dynamic factors into the law and order, make the law becomes open, cognitive and active, can adapt to the development of the society. But purpose injection at the same time also brought the legal authority and discretion expands, easy to cause the monopoly and abuse of power, the response type to resort to law and order civilization and legal institutional arrangements such as participation to restrict the abuse of power. Response type legal form in order to overcome the rule of law at the same time, also want to be a kind of comprehensive achievement of good governance.This article from four parts to discuss response law and order, the first part of this response model of legal theory, in order to be able to response to the type of law theory. The second part discusses the three types of history of the law, through to each kind of careful research and analysis on the law and order, to understand each of the emergence and development of law and order is the root cause of the how and from a legal order to another legal order. The third part discusses the system design of type response law and order, through the analysis of this part of the type we know to respond to the main content of the legal order, know how to type in response to legal order is institutional arrangement, so as to achieve the response pattern of the law wants to achieve. At the same time we also reflect on response model can cause the risk of law and order, to provide reference for us. The fourth part discusses response type with the Chinese context, law and order first in this paper, the response model of law and order in China ought to be, and then analysis response law and order in our country may encounter challenges, through detailed analysis of the rule of law in our country environment, make response to the type of legal order can have instructive function to our country the rule of law, we will it as a reflection of China’s law and order, to explore a kind of legal practice a order mode in our country.