| In the traditional sense,when we mention law,people are often reminded of the law formulated and promulgated by the state,but often ignore this form of law,comparing with national law,which is more powerful.As a pioneer of the sociology of Law,Ehrlich understood the existence of such law profoundly and comprehensively,and named"living 1aw,,for this social law,and thought that they were in coexistence but also in conflict.In this aper,the author is based on the thinking of"living law",and research the relation between living law and national law,and attempts to explore a suitable way to balance both.It provides valuable experience for China.Based on this,the article is divided imo three main parts to analysis it.Firstly,the author will analysis Ehrlich'S social background and theoretical origin,and describe how the legal idea formed.Because of the sDecial historical background,his legal thinking was affected by different schools,and it is important for US to study theoretical origin about living law.This paper will combined with the Ehrlich,s social background,and attributed its source of ideas to Durkheim'S sociological theOry and the historical school of law.Secondly,the author will research the Ehrlich's living law from multiple angles.Not only is the thinking of living law an innovation in legal theory, butt also is a breakthrough in legal method.This article will show the thinking of living law fr0m 0nt010gy,methods and the use of living law.Thirdly,the author will compare the living 1aw with the national law,and attempts to explore a suitable way to balance both.whhen the state appear.both are in coexistence,and they also have lots of conflicts,In the social control svstem botll show a state of tension and harmonious coexistence.In this article,the thinking about Ehrlich,s living law and national law will be used to analysis their conflict to explore a suitable wav to balance both from the legislative,judicial and practice.And it provides valuable experience for China.
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