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。 The recent development of “soft law” and its face has become a new area of ​​academic circles. Tracing the source, the soft guide from Ehrlich “living law ” theory. From the perspective of the history of soft law, the role of soft law in the construction of the rule of law has become indispensable. Recognition of the value of soft law is conducive to the development of the awareness of the rules in the context of a country governed by the rule of law and helps to break the social problems beyond the traditional legal rules.