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在传统的国家管理衰落以及公共治理兴起,软法理论的研究不断在学界升温。软法在公域之治中发挥着重要作用的同时也是一把双刃剑,在促进法治目标实现的同时,软法有着与传统法治精神相违背的缺陷。就我国具体实践来看,软法有着创制程序紊乱、监督缺失等现实困境。因此,我国未来应该规范软法制定的程序,将软硬法结合起来,共同促进法制目标实现。
In the traditional decline of state administration and the rise of public governance, the study of soft law theory is constantly warming in academia. While soft law plays an important role in the governance of the public domain, it is also a double-edged sword. While promoting the realization of the goal of the rule of law, the soft law has defects that are contrary to the traditional spirit of the rule of law. As far as the practice of our country is concerned, the soft law has such practical difficulties as the disorder of procedure creation and lack of supervision. Therefore, in the future, our country should standardize the procedures formulated by the soft law and combine the software and hardware together so as to jointly promote the realization of the legal system.