On The Definition Of Folk Law And The Interplay Between State Law And Folk Law In The Practice Of The Rule Of Law

The theoretical research on the rule of law is getting mature gradually in the practice of the rule of law. A significant change in this process is that the concept of folk law and the related theories have drawn more and more attention from jurists who specialize in the contemporary practice of the rule of law because of its unique perspective and strong attribute of interpretation. The thesis aimed to establish an appropriate definition of folk law in the context of rule of law. On the basis of this definition, the thesis continued to discuss the interplay between state law and folk law in the formation of a society under the rule of law. The research on this specific subject will enrich the theories related to the rule of law to some extent and help people choose a rational approach to the rule of law.In Chinese, "minjian" means a relatively independent social space in which people compete and cooperate with each other. Apart from the state law, there exist some spontaneously formed rules that play an important role in social operation. In other words, legal pluralism phenomena existed or exist in Chinese society. After the above interpretation of "minjian", folk law is defined as the unofficial rules, which are formed spontaneously and followed in "minjian". The inner cause of the interplay between folk law and state law is revealed by drawing a detailed comparison from three main aspects between the two systems. The relationship that features cooperation and conflict between state law and folk law are then dealt with in the following part in which some typical cases are used. Through the agency of the above discussion, a fact has been established that there must have been a close relationship between state law and folk law and there must have been a bridge from one to another. From the historical perspective, the modern ideal and practice of the rule of law originates in civil society whose members are combined together on the basic principle of equal position and free choice. Serious emphasis placed on the protection of the citizen rights from state power generates an inner driving force to form the rule of law institution. Folk law...