Research On Advocacy Norms In Local Legislation On Civilized Behavior

General Secretary Xi Jinping pointed out that "laws should be used to promote the construction of core values".In recent years,local legislation on civilized behavior has been promoted in depth,and local regulations on the promotion of civilized behavior have been formulated and implemented,with the aim of improving the civilized quality of individual citizens and the overall civilized level of society,so as to build a more beautiful,harmonious and developmentally vibrant national civilized city.In the local legislation of civilized behavior,there is a special category of legal norms,namely,advocacy norms.In fact,in China’s current legal system,the number of advocacy norms is not a few,and shows a trend of year-on-year growth,but in the current field of legal research,the scholars of advocacy norms of professional research,few scholars involved in the theoretical analysis of advocacy norms,and the theoretical results of advocacy norms lack of systematization and integrity.Advocacy norms are legal norms that encourage,support and guide actors to behave or not to behave in a certain way within the conditions stipulated by the law,and the legislator gives such norms more expectations,making the legal norms themselves very purposeful.Compared with other typical legal norms,advocacy norms have a more unique value and meaning.Its uniqueness is reflected in the following: firstly,advocacy norms are guiding,directly reflecting the value tendency of the local legislature;secondly,advocacy norms are not compulsory and binding,and their behavior mode is advocated and induced;thirdly,advocacy norms promote citizens to form a higher level of moral pursuit as a vision,which is in line with China’s strategy to promote the unification of moral governance and rule of law.As a soft law in the local legislation of civilized behavior,advocacy norms are constantly adjusted and changed with the development and progress of society,but it is undeniable that there are still many shortcomings in the legislative practice of advocacy norms,which still need to be continuously improved in order to play their real role and value.This paper will select a certain number of local legislation on civilized behavior,conduct an in-depth examination and research,and clarify the concept and characteristics of advocacy norms by sorting out the current situation of local legislation on civilized behavior promotion,using theory as a guide.Specifically,the first part introduces the analysis of the current situation of local legislation on civilized behavior,using more than two hundred samples of local legislation on civilized behavior as the basis of the study and supported by data statistics to summarize the general situation of local legislation on civilized behavior and introduce the distribution and specific situation of advocacy norms.The second part is a theoretical analysis of advocacy norms,exploring the theoretical logic of civilized behavior into law and the necessity of the existence of advocacy norms,pointing out the connotation and specificity of advocacy norms,and pointing out that the advocacy norms in civilized behavior legislation are mainly manifested as high-level moral norms and basic moral norms.The third part is an overseas study,through sorting out the practices of Japan,Singapore,Germany and the United States in the promotion of civilized behavior and the implementation and protection of the advocative and encouraging behaviors,to provide experience and inspiration for the promotion of civilized behavior and the optimization of the advocative norms in China in line with the actual development of China.The fourth and fifth sections analyze the problems of the current legislation on civilized behavior and put forward corresponding suggestions for the future legislation on civilized behavior and the application of advocacy norms.