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软法作为我国近年来法学、特别是行政法学研究的重要概念,受到了应有的关注。尤其罗豪才先生领衔的北大行政法团队,对软法展开了多年的系统研究。软法的含义涉及广泛,包括了作为自治规范的民间规则、作为宣示性规范的官方规则、作为自治主体的内部组织规则等。在一个国家,软法尽管不具有利用官方力量强制实施的意义,但对社会秩序的建构而言,它以导向性、自治性和非国家强制性等多个面向作用于个人或组织之间的交往行为,它也因此更容易在自觉基础上培育、涵化和养成公民的规范意识。在此意义
As an important concept of law in our country in recent years, especially the study of administrative law, soft law receives due attention. In particular, Peking University’s Administrative Law Team, led by Mr. Luo Haocai, conducted a systematic study of soft law for many years. The meaning of soft law covers a wide range of issues, including civil rules as autonomous norms, official rules as declarative norms, internal rules governing as autonomous subjects and so on. In one country, although soft law does not have the significance of using the official force to impose it, it has the effect on the construction of the social order from multiple roles such as orientation, autonomy and non-state compulsion to individuals or organizations As a result, it is easier to nurture, cultivate and cultivate citizens’ normative awareness on the basis of consciousness. In this sense