Tong said，"The law is formulated or recognized by the state，and the summary of the norms guaranteed by the country's coercive force "，The mandatory attributes in it are self -evident。Those with law and sovereignty (state)、command、The theoretical concept of coercive force can be traced back to John Austin。Law and the country closely bind，Monopoly of Legitimate Violence，And the country's mandatoryness will be morally、Customs、etiquette、Gaming rules and other types of human behavior specifications are separated。

In fact，There are a large number of "authorization rules" in human social life，It does not exist on the compulsory attributes of the law。Compared with compulsory legal specifications，No mandatory law or weak compulsory law can "guide people how to act"。That's why，If the core attributes of the law that are compulsory as the law seem to be contrary to the experience of universal daily life，Lack of Fit。Since then，H. L. A. HART (H. L. A. Hart) criticized Austin's legal order，and analyze the intellectual resources of philosophy with the help of language，Dacking the country in the legal concept、command and forced color，Makes the interpretation of the concept of legal theory further refinement。Since the book "Concept of Law" was published，coercion、The Concepts of the Force of Law have gradually lost their attraction with the criticism of the Austin law theory within the legal empiricalist theory。

But，In recent years，The necessity of compulsory the concept of the French has become a new hot spot for continuous discussion of the legal theoretical community in the field of field。Representative Bet365 lotto review theorists include Frederick Schauer and Kenneth Himma。Re -reflect on the inevitability and necessity of the concept of compulsory attributes，It seems that a trend and return to theoretically in theory。Description and portrayal of the compulsory attributes of Austin to Hart's compulsory attributes of legal concepts，Based on this, reflect on the construction of the transformation of the order of the rule of law in China，helps to deeply understand the phenomenon of compulsory return of the current theoretical concept propositions。Of course，This portrayal is not exactly a history of thought，More from the logic of the cognitive object of the concept of legal and the generation of the order of social law。

Is it necessary to be the basic characteristics of the law in conceptual? In the concept of Austin，The true law is a independent political society，Sovereignty who accounts for political advantages (Commands)。soveree、command、Forced and universal obedience habits these elements constitute the basic content of legal order theory。Obviously，Legal order theory is a theory of law concept with obligation as the core。Force constituted a necessary constituent constituent constituent for an Ottin -style legal system。From the perspective of method，Experienced legal empiricalism and restoration theory is the theoretical characteristics of Austin Legal Order theory。In terms of theoretical basis，The utilitarian theory of Bianqin has a significant impact on Austin。It can be said，Obligation mode of Austin's legal concept is similar to the so -called "pressing method" of Celitznick。In a suppressed society，Because the sovereignty has the supreme unlimited discipline，Forcibly and widely existing in compulsory restrictions。On the one hand，This suppression is caused by "the poverty bet365 Play online games of resources that the elite can use the elite"; on the other hand,，The suppression method covers many alternative sanctions in modern society，As a result, the law and politics are inseparable，Freedom tailor rights flood，Original toolism occupies a dominant position。

From Hart's view，The function and significance of the law for modern society is not only through force to achieve social control，More importantly，"Outside the court，Laws are used in various ways to control、Guidance and plan Our life "。At the same time，Analysis of philosophy of daily language analysis，Hart will fade and strip the sovereign (country) in the legal concept。With the concept of sovereignty in the discussion of the basic nature of the law, it is gradually abandoned，Compulsory、Sanctions and other concepts are no longer regarded as a necessary factor in the concept of law。Sanctions and other concepts are no longer regarded as a necessary factor in the concept of law，Social facts that restore the law as the order of sovereignty to avoid the difficulty of the "Hume problem"，This effort is failed in Hart's view。The reason is，If you leave the concept of social rules，We cannot even clarify the most basic legal concepts。If the law is the command of the sovereign，So when the sovereign is facing the change of the dynasty，Where does the legitimacy and effectiveness of the law come from? More importantly，Not all laws are commands of soverers，Not all laws are based on compulsory as a commonly obedient foundation。The law itself is a combination of social rules。Further，Social rules that shape the law (including the primary rules of the rules of obligation and the secondary rules of the rules of authorization) are a product of social construction，The results of human social practice。This is the practical theory of the rules advocated bet365 live casino games by Hart。Speaking，Natural facts based on the human life world (such as the scarcity of resources、Selfish Special Points of Humanity, etc.)，Force is just an inevitable conceptual feature of the natural necessity of human legal practice instead of the illegal law system。

Different positioning of the compulsory elements is an important symbol to distinguish the theory of Austin legal order and the theory of the Hart of law。The former can summarize the obligation mode of legal concept，The latter is the authorization mode of legal concept。Obligation mode is centered on the command of the sovereign person，The authorization mode adds sub -rules based on the obligation mode (including changing rules、Acknowledge rules and referee rules)。According to the Berkeley school representatives, Noninet and Selznik's three types of theory on the development of law (pressing law、Autonomous method and response method)，Austin's obligation mode is corresponding to the suppression method，Hart's authorization rules mode coincides with the autonomous method。

The important difference between the autonomous method compared to the suppression method is，Force's legalization constraints。If the suppression method is centered on the legislative decision and compulsory of political sovereignty，Then the law of autonomy is a legal development type centered on judges and rules。In the ideal picture of the autonomous method，Separation of law from political phase，The human rational rhetoric as a legal orthodox rhetoric is strengthened，The legal order adopts a "program center" rule model。Due to the need for legal rhetoric of law，Further differentiation，produced unique legal autonomous agencies。This autonomy based on orthodox rhetoric is actually a "historical transaction" -the legal institution with physical obedience in exchange bet365 Play online games for procedural autonomy with value orientation。The conceptual level of the Rights Center has evolved in legal practice is a "confrontation referee"。

The response type method is compared to the suppression method and the autonomous method，is a more advanced legal development model。In the response method，Forced to be encouraged in the legal system、Self -supporting obligation system replaced。The purpose replaces the compulsory，Then occupy a central position in the generation of the order of rule of law。It can be said，Response method is another purpose method。Its typical features include: Disted management of problems to replace command -commands，Encouragement negotiation，Share decision -making and explain the reason for decision -making，Agree with consent as a test of rationality, etc.。The program center is gradually replaced by the legal system that is gradually moving towards substantial justice in the response method。Compulsory maintenance in the concept of legal concept，helps to promote the governance of the country's rule of law from the anti -autonomous law，Finally reached the response type method。

To sum up，The compulsory dimension in legal concepts has important practical significance。From theoretically,，Hart has a certain reasonable criticism of Austin's "robbers"，But at the same time，We should re -think in the sense of the generation of legal order in the transformation society，How to maintain the openness and inclusiveness of the legal system in the process of moving towards substantial justice，At the same time, it can maintain the authority of the law。Even in the society where everyone is an angel，Based on sharing、Cooperation and action planning needs，Law is still indispensable。Based on the practice of transforming the governance of the bet365 best casino games rule of law in China，Reflection of national characters and forced colors in the process of the rule of law，It can provide theoretical support for the construction of the order of rule of law。According to the requirements of the modernization of national governance and governance system in the new era，Build a diversity、tolerance、Open response -type rule of law becomes inevitable。One of the significant indicators for improving governance capabilities is a significant reduction in the role and role of the state in the generation of legal order。With the arrival of artificial intelligence society，The popularity of network big data in social governance，Blind emphasis on the compulsory attributes in legal concepts have become increasingly unable to adapt to the actual requirements of the governance of the rule of law in modern society。Acting to the response method，Contains the appeal of the integrity of people、"The people -centered" and the human rights judicial guarantee and many other concepts。If the suppression method represents the poor of governance resources and governance methods in the process of social governance，Then the development direction of the response method indicates，Authoritative sharing and reduction in the decision -making process helps to enrich governance methods and methods，to better achieve the purpose of the law。Choosing the path of rule of law is the most important historical achievement of the Republic，But there are still controversy on the question of how to implement the rule of law。Quantitative rule of law，The problems encountered in practice make us have to go back to the definition of the rule of law，Otherwise, the standardization standard for quantitative indicators will lack operability due to the vagueness and chaos defined by the rule of law。Definition of the rule of law on the one hand must be based on Bet365 app download national conditions，On the other hand, we must also solve basic problems at the theoretical level。Force of the concept of legal concept is one of the theoretical orientations that need to be continuously considering and promoted。

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