经济法视域中的软法规范刍议

随着世界范围内国家管理的衰落与公共治理的兴起,将法分为硬法和软法两种基本形式并非没有根据,对软法规范的研究也日益引起学界的浓厚兴趣。事实上,经济法作为一种回应型法,软法规范大量存在并具有非国家强制性、创制方式的弹性与民主性、非司法中心主义、法律位阶的非层次性等特点,使得其与经济法视域中的硬法规范区别开来。同时它与经济法视域中的硬法规范相得益彰,共同规范和调整着经济法关系。但软法规范的缺陷也是极其明显的,软法的泛化不利于法治社会的构建。为此,有必要将软法规范赋予硬法的某些特征使软法朝着硬法化方向转化;增强某些软法规范的刚性使其朝着可诉化方向迈进。

A Study on the Soft Law Regulations in the Field of Economic Law

Considering the weakening national governance and rising public governance,it is well-founded to divide laws into soft laws and hard laws.Great interest has been increasingly aroused concerning the studies of soft law regulations.In the field of economic law which is a kind of responsive law,there are a lot of soft law regulations.They bear many features which distinguish them from hard law regulations.Complementary to each other,both soft and hard law regulations regulate and adjust the relations in economic law.There are obvious defects in soft law regulations which are harmful to the building of the society of rule of law.Therefore,it is necessary to give soft laws some features of hard laws so as to make it suitable for lawsuits.