Conflict And Interaction Between National Law And Folk Law

Since the legal science research has developed today, the folk law is not strange to the society and the ordinary people. The folk law research has increasingly received attention day by day. The folk law has attracted wide spread attention because of the difficult position the Chinese government is facing. The traditional custom has already become useless, mainly affected by the modern state power construction and the great wave of marketability, and the modern legal system has become the primary principle of social life. After many years of construction, the legal system in our country has already got basic shape. But the synchronization of the country legislates with the social development has made it quite difficult for the national law to adjust the folk society in China.This paper is based on the legal pluralism standpoint, and using apply theory to reality, contrastive analysis research technique, tried to analyze the conflict between national law and folk law, the interaction in the legislation and judicial process . By looking for the way of interaction, I hope this paper could make some contribution to the harmonious society in our country which is in such a time that it is changing so fast. It is a big theme to discuss the conflict and interaction between national law and the folk law. So this article would just discuss how to replenish the legal system with the folk law and how to explain the law with folk law. It is a main topic to discuss how to import folk law into the jurisdiction, because this really affects the conflict between national legislation and ordinary life.This article has been divided into three parts:In the first part, discuss the basic theory of folk law, including the basic concepts of folk law and some explanation.The second part is to analyze the reason of the conflict between national law and the folk law. I have tried to find out both the shape and the reason of these conflicts.In the third part, discuss the interaction between national law and the folk law. The main topic is how the national law could absorb more reasonable things from folk law. And tried to make suggestions about how to distributed contradiction.