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软法是在开放协商机制的基础上产生的,以其开放性、民主性在国家治理中发挥着独特的作用。与硬法不同,软法不以国家强制力为核心要素,主要依靠自我约束和一致行为等内在制约发挥作用,在充分理性协商的基础上实现多赢。在国家治理资源有限的情况下,软法下的多元治理成为国家治理理想的路径选择。软法作为新生的理论,对原有的法学理论有一定冲击,但其顺应了当前中国改革的大势,为法治国家建设、为国家治理体系及治理能力的现代化发挥着不可替代的作用。
The soft law was born on the basis of open consultative mechanisms and played a unique role in state governance with its openness and democratization. Unlike hard law, soft law does not rely on state coercion as the core element, but relies mainly on the inherent constraints of self-discipline and concerted behavior to achieve a win-win outcome based on rational and rational consultations. Under the condition of limited resources for state governance, the pluralistic governance under the soft law has become the path choice of the ideal of state governance. As a newborn theory, soft law has a certain impact on the original legal theory, but it conforms to the current trend of China’s reform. It builds a country under the rule of law and plays an irreplaceable role in the modernization of state governance and governance.