“软法”的理论探源及其价值

Retracing Soft Law Theory and Its Value

晚近发展起来的"软法"及其面相业已成为学术界的一块新辟领地。追根溯源,软法导源于埃利希的"活法"理论。由软法的历史发展之维观之,软法之治在法治建设中的作用已不可或缺。承认软法的价值,有利于法治国家语境下规则意识的养成,有助于传统法律规则外社会难题的破解。

Only recently developed ＂soft law＂ and its related phenomena have been a new academic filed.Found by hard and thorough search,soft law originated from Eugen Ehrich＇s ＂living law＂ theory.Arguing from the view of historic development,the reign of soft law is indispensable in the cause of the construction.Admission of the value of soft law can boost cultivation of rule consciousness under the context of country under the rule of law and solve the social problems which the traditional law cannot work.