| Civilized behavior legislation plays an important role in regulating citizens’ behavior,improving citizens’ civilized quality and enhancing the degree of social civilization.Law can be divided into hard law and soft law,both of which are important tools of national governance.At present,there are some problems in the legislation of civilized behavior,such as excessive reliance on hard law,soft law norm and hard law norm identification difficulty,and the standard of adjusting range of soft law and hard law is not uniform.The reason lies in the lack of accurate and clear understanding of the nature of civilized behavior legislation.To give full play to the leading and promoting role of legislation in promoting civilized behavior,we must first determine the nature of civilized behavior legislation scientifically.On the one hand,the promotion of civilized behavior needs to rely on hard legal means to regulate the uncivilized behaviors that citizens react strongly to and do serious harm to society according to law;on the other hand,soft legal means should be used to guide and encourage the public to consciously be good and promote the formation of civilized ideas and habits of citizens.Therefore,the legislation of civilized behavior has both soft law norms and hard law norms,and the two norms are unified in the legislation of civilized behavior as two contradictory aspects,but the status of the two are not equal,but there is a difference between the principal and subordinate.To modernize national governance capacity and governance system requires strengthening and innovating social governance.To innovate social governance model,we must build a governance pattern featuring both soft and hard law and give full play to their respective advantages and roles in different governance fields.Therefore,civilized behavior legislation should adhere to both soft and hard legislation model.However,as a vivid practice of moral entry into law,civilized behavior legislation excessively relies on hard rule of law to intensify the tension between citizens,the state and the government,while the existence of soft law is conducive to overcoming and resolving this contradiction.On the one hand,a large number of civilized behavior norms can adopt the form of soft law to make proper institutional arrangements.On the other hand,the implementation mechanism of moral norms is also highly consistent with soft law,so the nature of civilized behavior legislation should be defined as soft law.The improvement of civilized behavior legislation should be carried out by adopting the promoting legislation model,strengthening the soft law norm system dominated by the incentive model,limiting the application scope of the hard law and setting up special chapters on key governance. |
