Foucault has never been regarded as a jurist in the traditional sense,although he has made a huge contribution to jurisprudence . Following the historical path from pre-modern sovereign power to modern power,which includes both disciplinary power and biopower,he implicitly presents a unique biopolitical view on law . According to Foucault,in an age of biopolitics,on the one hand the disciplinary power and biopower have gradually changed the power foundation of law,which is the pre-modern sovereign power,and made law a tool of biopolitics,on the other hand law has covered,supported and subsumed modern disciplinary power and biopower,giving them legitimacy .Therefore,disciplinary power and biopower do not reduce the importance of law in modern society,make it disappear,instead all the three are increasingly interacting and subsuming each other,and make law grow greatly in the governance of modern society towards a biopolical state . According to Foucault's logic between law and modern power,the law in modern society,which is dominated by biopower,takes on the following features .First of all,it no longer simply uses″legal″or″illegal,″″permissible″or″forbidden″to classify human behavior,on the contrary it puts individuals into social life or the continuum between the normal and the abnormal,to guide them by the rules indigenized in the society,with the aim to realize the diversified biopolitical goals .Second,it abides by cost-benefit analysis of economics,and stresses the principle of″frugal government″in the process of biopolitics .Third,it often transgresses the boundaries of formal rational law,and tends to be pragmatical,which meas it is more political and instrumentalism .Fourth,due to the rational limits of the legislators,executors and judges,modern law relies more on the collection,statistics and analysis of all kinds of knowledge,information and documents about life,and makes the governance legitimate by the league of law and knowledge .Last but not the least,modern law is often implemented through freedom instead of constraints,contradicting the logic of traditional law .It is such a revolutionary view on law that it has been misunderstood as an ejection of law from modern society by some scholars,which is also partially because of Foucault's using of the term″law″in many senses . Thus,Fouault's biopolitical view holds that law is no longer a weapon for the protection of civil liberties and civil rights,but a normalizing apparatus to bring individuals into the power realm of explicit calculations .It not only challenges the traditional liberalist jurisprudence,but also criticizes that the governance of modern state,which regards law as a tool to realize liberty,will inevitably lead to biopoliticalization,and make people,who are no rational agents any longer,subject to the″soft totalitarianism .″ From the biopolitical perspective,we can have a critical analysis of governmental practice of legal fields,which include birth,immigration,war,environment,public health and so forth . However,in order to effectively assess the value and significance of this approach,we not only need to explore it in depth at the theoretical level,but also need to test its feasibility and usefulness at the empirical level in the future as well .