权力类型与法律渊源多元化间的对应关系

Corresponding Relationship Between the Style of Power And the Diversificatoon of Origin of Law

长久以来,人们对"权力"的认识更多的是停留在政治或社会学意义上,权力也一直被混淆于国家权力而没有其他。同时对法律渊源的研究人们也一直采用形式法源的立场,认为基于国家权力而产生的制定法是唯一的法律渊源,这对法治建设是非常有害的。不同类型的权力与多样化的法律渊源之间存在着一一对应关系。

The word ＂power＂ has been paid much attention to the understanding in politics or in the sociological significance,the power is also contained in the state power confusingly. Similarly, people are also doing research in the origin of law from the point of legislation, and take the view that positive law based on state power is the only origin of law, which is harmful to the nation＇ s structure of law. The author re-scan the power from the angle of jurisprudence, give three partitions about power, and try to analyse the according origin of law, aiming at break the monopoly of law imperialism.