The Value Of Folk Law

Folk law has been in use for 2 decades.In spite of the controvesy in recognization of concept and nature of the folk law,academia gradually recognized the existence of the folk law,and promoted the excavation of the local resources during the modernization of the chinese law. It's a more empirical study to prove the existence and it's existence basis from legal pluralism and cultural anthropology.The value demonstration in folk law study hasn't obtained due attention,and even the scholars in folk law intended to avoid value study at the beginingof folk law study deliberately,which result in the theory basis of the folk law is not firm yet.Nowadays,the study on the value of the folk law are gradually increasing ,but it still rests on discussing the aim of singal value,so it lacks systematic and comprehensive study and comparison with value of state law that absorbed the idea of western legal concepts.In this paper ,the writer tried to use literature,comparison,case study and historical reseach and other methods to explor the basic value of the folk law:harmony,order,justice,and discuss the rationality of the value of the folk law,as well as the realistic basis of it's existence,and also dennonstrated the profound impact of the value on the existence and operation of the folk law.The writer aimed to seek a solution to solve the conflicts of the folk law value and state law value through analysing the primary values of folk law and it's comparison with the value of state law.The value of folk law will play a guiding role in promoting the healthy development of folk law,and finnally it will achieve integration and solve social conflicts better under the guidence of viewpoint of humannist law.This paper is divided into 3 parts as follows:from the definition of the folk law,the first part focuses on the controversial law nature of folk law and it's folk background and analyses the connotation of the folk law,and indicates the significance of the study of folk law.The second part discusses the basic values of folk law separately: harmony,order,justice.In this part ,the writer specified the meaning of the 3 values and their strong realistic influences and the conflict with the corresponding value of state law,as well as the shortcoming and functions of them objectively.The third part analyses the conflicts of the value between folk law and state law in general.One should understand the function of the conflicts correctly,and explore the way to coordinate the conflict of the 2 values of legal under the guide of people-oriented priciples,and finally achieve the coexistence and complementarity of the 2 values.This paper devotes itself to understanding the value of the folk law systematically and comprehensively and it will be sure to promote positive develoment of the value of folk law and achieve the hamoniousness and unification of the 2 values.