软法的界定与定性

The Limit and Qualitative of the Soft Law

软法是法学领域的新现象,对于软法的概念有多种不同的见解,甚至关于软法是不是法也存在很大的争议。通过简述软法的形成,对软法的内涵和外延进行深刻分析以此来界定软法,最后对软法的定性问题即软法是不是法加以解决。

As a new phenomenon in the law field, there are lots of ideas about the concept of the soft law under the condition that there is a dispute about whether it is the law or not. In addition to illustrating the formation of the soft law, the article makes a deep analysis on its connotation and extension to define it. The article aims at solving whether the soft law is the law or not finally.