The Interpretation Of Chinese Rural Order In Folk Law View

Following the process of "Governing the country according to law and building a socialist country ruled by law", the modern legal consciousness is coming to Chinese knowledge gradually, and the legal system which has been constructed according to western legal theory is consummating gradually. We constantly find that the theory and the system which has been introduced into China we used are not adapt to Chinese contemporary conditions of law, when we attended much to the from-top-to-bottom mode of official law. So the theoreticians began to putting much attention to the sociology of law, and the study about folk law is increasing. Sociology of law is an interdisciplinary subject which combines the knowledge of law with that of sociology and with the interrelation between the law and sociology as the research target. At present, in the theoretician of folk law, there have been some people who use the research methods of the sociology of law talking about the relation between the folk law and official law and taking the official law as precondition, or taking the folk law as substantive law. This paper, through the angle of view of the folk law, mostly showed the developing road and current status of the rural order, and the author analyzed the interaction of "the spontaneous rural order" and "the active official law" and at last, offered some thoughts about the way from spontaneous rural community to the law-governing in China.The first part simply introduced the current status of the folk law research field, including the virtue and shortage, and introduced several pairs of conceptions which is the basic of this paper.The second part is a fore-and-aft description of the rural order, including tow parts: One part is about its history, the economy, the scheme of society, the law and the culture tradition included. We can see how the rural community made itself well-ordered from these parts. The other part is about a developing process from obligation to contract. The process is the road leading to the rule-governing in the rural community even all of China. And this part also pointed that the lack of contract element in rural community.The third part showed the rural order in a visual angle of static state and landscape orientation. Two parts included: One is macroscopic description which is consist of blood relationship and district relationship of the rural community; the other is microcosmic description of the spontaneous rural order system, taking a village-town as an example, about wedding, debit and credit, and some other important civil activities.The forth part analyzed the interaction in the developing traditional community of the rural order and official law through two cases. First is about the development and change in the rural community which is influenced by modernization and globalization. Second, after the description of two cases, analyzing the current status and developing trend of the rural order which have been reflected though the two cases. These analyze points are the sustaining main effect of social customs and habits, the power corruption, the elusion of the official law, and so on. The last conclusion is that a non-precondition, objective and common standard in not exist in.The fifth part is some thoughts about the road leading to the law-governing. First, making sure that the developing trend from rural community and urban community to civil society is sure, so the law-governing of China will be inevitable. This part includes three minor parts. First, meaning that our country should implement the law-governing moderately and duly in rural community. Then, offering some thoughts about the law-governing in the side of legislation and judicature. At last, pointing that the best way to the law-governing in rural community even all of China is contract law.