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随着经济社会的进一步发展,软法现象日益受到法学界的关注。“是不是应该将软法纳入中国特色社会主义法律体系”成为学术界争议的焦点。根据传统的国家法概念,软法因为不具有国家强制力而被排斥在法学研究领域之外。但是,全球化、民主化和信息化的社会发展态势却预示着“法治国”理念下软法对于建设民主法治,促进公域之治由国家管理模式向公共治理模式转型的重要性。于是,“我国的学术界应该如何对待软法”逐渐成为一个意义重大的问题。
With the further development of economy and society, the phenomenon of soft law is increasingly paid attention to by law circles. “Is it necessary to incorporate soft law into the socialist legal system with Chinese characteristics?” Has become the focus of academic controversy. According to the traditional concept of state law, soft law is excluded from the field of law research because it does not have state coercion. However, the social development trend of globalization, democratization and informatization indicates the importance of soft law in building a democratic rule of law and promoting the transformation of the public domain from a state management model to a public governance model under the concept of “law-based state”. As a result, “How should our academia treat soft law” has gradually become a significant issue.