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Dispute Resolution Of Folk Laws

Posted on:2012-07-16Degree:MasterType:Thesis
Country:ChinaCandidate:P F LiFull Text:PDF
GTID:2166330338494999Subject:Legal theory
Abstract/Summary:PDF Full Text Request
During the three decades of reforming and opening policy, Chinese legal system has made significant achievements in the field. Socialist legal system with Chinese characteristics has been initially established. Although the legal construction of the impressive, with the market economy legal system improving, our folkization comes from the local farming community, a number of folk customs and rules are still important .As a way of dealing with disputes. This raises the question of how to do about the present stage of folk law to resolve disputes. Folk law is the process of development in our history . A series of disputes ended divergent set of traditional culture and institutions,its spirit is "harmony" . As the core of the ritual,people in order to create and maintain a stable social order and ethics . Chinese traditional society of folk law is a rule for dispute resolution, it takes many forms. Folk law and state law counterparts have only doctrinal significance. Firstly, the comparative advantage of folk law is good at solving disputes acquaintance society in addressing the two sides to avoid injuring the sensibilities; followed by many of its dispute resolution methods; It is higher than the national law, the use of folk law to resolve disputes is lower, folk law can solve the dispute efficiently .It is conducive to social stability. The society rapidly developped nowadays, there are something wrong with resolving disputes in folk law, one is the formation of the national legal system of folk law from the outside to squeeze on the other hand with the development of the times, There is Some problems with the folk law , But folk law still exists, especially in remote areas of China and even some communities in the city. Modern perspective on the social life of these folk customs and rules, folk law may not be entirely ignoranced. Consolidate the achievements of folk law to resolve disputes, folk law dispute resolution .To explore new ways to use the advantages of folk law.Avoiding its weakness, playing a lead role in its profit for the maintenance of social stability and a positive practical significance.
Keywords/Search Tags:Folk law, Dispute Resolution, Comparative Advantage, Improve
PDF Full Text Request
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