The Perspective Of Legal Pluralism Of Village Of Empirical Research

Because village regulations occupy a unique position in the system of legal norms in our country, scholars have carried out in-depth studies in this field. At present, there are two main views about the studies:the first is that village regulations should be incorporated into the state law, which itself cannot exist independently, and should be examined by the national law, and reject the violation of state law for direct absorption; the second is that village regulations should be preserved relatively complete at the primary stage of the construction of the socialistic law. We need to reflect the confliction between the national law and the village regulations from a higher standpoint. National law should not be regarded as the only measure of village rules. On this premise, we can steer village regulations to play an active role and function with full constructiveness. Although the above views have been disputed, scholars gradually realized the role of village regulations in the process of the construction of socialistic law; and are aware of the utility for maintenance of the social order and structure within its sphere of influence. In addition, as a traditional culture, village regulations are historical precipitation, custom heritage as well as the autonomous tradition. Therefore, the attitude how we treat village regulations can minor our spirit of the law and philosophy, which are tolerance, democracy and equality. Therefore, this paper selects village regulations as the object of study and is not only to do empirical analysis, but also to prove the equality in theoretical and practical significance, which is not only for the village, but also for democracy and the rule of law, freedom and equality. Thus, this paper agrees with the second views in theory. Namely, from the perspective of empiricism, village regulations are different from national law as a kind of implementation and effectiveness of norms. On the basis of the results of previous studies, we make an in-depth study of the multiple values of law regulation.In the first chapter of this article, we analyze the concept of village regulations, and classify them according to their applicative scope, area, adjustment object and the development process. We think, village regulations have three features which are region boundary, autonomous order and spatial hierarchy. Because of these properties, village regulations play its unique effect, and can not be completely replaced by the state law.In the second and the third chapters, we select Xijiang village regulations as our representative research object, make a sample analysis and describe their implementation. In the two chapters, we discuss the relationship among village regulations, the geographical environment and cultural background. We also incorporate the village regulations into the social structure and order, legal structure and cultural interaction to examine the forceful type and performance; and attempt to explore the position and status that village regulations should occupy in the national law system structure. At the same time, we make a brief analysis of the relationship between village regulations and state law and structural characteristics.To sum up, village regulations generally have the following three aspects, characteristics and significance; firstly, village regulations are applicable to specific group and geographical scope. Many scholars have done related discussion; the character is also very obvious. Secondly, village regulations are different from general constraints or regulations, such as internal company rules, industry practice. The differences not only lie in the difference of applicable crowd, but also in that village regulations have the inherent cultural quality within history, tradition, customs and beliefs. The national law can not completely cover and reflect the point. In addition, village regulations and rules implement punishment outside national law, though they are not additional to the national law to a great extent. Village regulations play an effective role of microcosmic law in the place where state law cannot reach. They are effective in maintaining order, protecting the social structural integrity of the soft constraints than morality. So, since they are historically and culturally applicable to specific groups, or as a useful supplement to the national law, village regulations are worthy of our in-depth discussion. The last part of this paper discusses the meaning, enlightenment and significance of spatial thesis about tolerance, equality and the growth of law on the basis of the above study. Village has its applicable scope, including regional culture, natural environment, particular groups, and the interaction between them. From the sociological and anthropological point of view, this is actually a social cultural dimension--the natural physical space including human or social development--the form and influences of each other.Space is the foundation of human existence. Based on the physical space, people set up a social order, relationship and structure, defining the scope and boundary of the material world. In the study of the humanities and social science, space is an important tool for analyzing human social order, structure and interaction; it is also a basic social fact and practical event. Law is a social norm for human society, social relationship, and social structure. Law is also a historical social existence, and is effective in a certain space and period, and has a direct relationship with the view and the specific space and time environment. Therefore, with this background, we propose legal pluralism, specifically, that we should apply different laws regulations to different places.This can be called law of space. The so-called law of space, is the three-dimensional structure mode that reflect the behavior norms and the relation for adjusting the order of the relationship between human and nature, person and groups. It is constructed in a certain time and space. In this paper, the last theoretical overview is based on a general social space; we regard space as the tool to analyze structure, order, differences, interaction and capital in society, and so on. The elements of analysis include village regulations. We take village regulations as the breakthrough point, to explore various kinds of status and role of the law in social cultural space. Thus, we can study law space further and think the development of law. It means we should respect different groups, different people, belief, custom, history and culture in a practical sense; it reflects our tolerance and respect, also reflects the true spirit of law of: namely, freedom, pluralism and equity.