A Study Of 'Folk Law' In Rural Governance Of China

China is in transition to modern, high-speed modernization do great impact to the traditional society. Urbanization, industrialization, secularization, democratization and universal education, brings innovation to people's value. These changes require people to extension there royalty and membership from their own specific and directly related group - family, clan and village community–to larger and more abstract groups - state and the law. This process is easier to promote in the city, but it tends to produce some conflict and contradictions in rural district where has strong tradition.In many parts of rural China, even in economically developed areas, the traditional customs, habits, patriarchal still very popular. Villagers'daily life deeply intertwined with the traditional Folk Law, which also constraints theirs modes of behavior.'Folk Law'do has positive role, but it is often in conflict with state laws and government policies.Many people believe that ancient Chinese society governed by ethical rule, there is rarely law, even no law. New view from many experts who define the law from sociological perspective think traditions also are'Law'. Savigny who is a famous people of historical school of law has said: "All law was originally from the customs and public opinion rather than from the formation of jurisprudence." So, customs, patriarchal and ethics in ancient China also are law. The "folk law" includes above content. So, we define "folk law" like this: Broadly speaking, it is civil society norms; in short, it includes folk customs, morals, traditional principle and civility. "Folk Law" is the term proposed for convenience use.We find folk law plays an important role in traditional society. By now, it still has important significant and influence to rural governance. The significant as follow: 1.'Folk law'is complementary to national law, it can make up for the inadequacy of the law; 2. It is conducive to maintaining social order, and contribute to relationship harmonious in specific area; 3. It do help to economic development in rural society; 4. The legal system learning experience from the folk law; 5. Improve the well-being of villagers. Shortcomings and deficiencies are the following points: 1. Limited in scope; 2. Lack of justice system; 3. Some "folk law" are very ignorant and backward. Although there are not so many shortcomings, they are fatal.Daixia is a typical village in southern Zhejiang, located in mountainous areas. The village has three clans and traditional practices are rich and colorful. At the same time, villagers are rich and have high living standard. Many things happen in this village tells us'folk law'still have great influence on rural.So many conflicts between'folk law'and national law happens in rural, that is necessary to analyze the causes of conflict and find effective solutions. I think there are mainly three reasons that cause confilct: 1. There are different folk law in different areas, but the state law is universal; 2. Legal resources are insufficient to meet the needs of rural areas; 3. Modern legal concept is different from Chinese Renqing Culture. In the face of conflict, approaches and measures must be taken to resolve them in short term. Control of the situation and maintain stability is the top priority, and should place law on the first place.In the long run, building the legal society, should focusing on the following two points.First of all, should to establish villagers'faith of law. The following four points are important: 1. State law enacted must be "good law"; 2. Law enforcement, judicial process must be fair and just; 3. Raise villagers'awareness of the law; 4. Cultivate the spirit of law-abiding villagers. Second, handle the relationship between'folk law'and the state law properly. 1. To deal with'folk law'syndrome, for which to establish a set of standards to distinguish good laws to draconian laws.2. The applicability of folk law should be taken seriously, completely ignore the civil law, sometimes may be scandal and lead to social instability.