On the governance of economic soft law based on economic governance

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    The governance function of economic soft law is being highlighted whether in general legal principle or economic law. Therefore, it is necessary to theoretically explain economic soft law's basic types, economic governance and ideal model, as well as the path to realize the governance of economic soft law and its basic principles, so as to make economic soft law play its due function in economic governance. To achieve this goal, we first classify its sources into public policy, industrial regulation, professional standard, market transaction subject and international economic soft law norms, and etc. On this basis, we further explore the purpose of economic governance through qualitative analysis from economics and legal theory, and then explore the ideal model of economic governance from the perspective of economic law based on the essence of economic governance. The model is the soft-hard combination of "governance of normative text of economic law + governance of economic soft law", and its essence is the combination of economic soft law and hard law. Finally, applying value analysis and judging from the perspective of righteousness, this paper believes the key to realizing the governance of economic soft law is to change the cognitive concept, clarify the governance path, coordinate the implementation of hard law and soft law, and follow the two basic rules that soft law giving way to hard law when conflict appears, and soft law being a better choice when there is a harmony.

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  • Received:
  • Revised:November 27,2018
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  • Online: July 09,2019
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