Folklaw And The Application

Folklaw is always the issue with great attention in jurisprudence academe. The role it plays in national legal system, as well as its status in the origin of law, have directly infection on the legal system of a country. China does not follow the rule that the development of legal culture should be corresponding with the construction of legal system as the same with most of west countries. Most of Chinese actual laws were established refer to west legal system after People's Republic of China founded even after Reformation and Opening. There are many conflictions in development and actualizing of these laws. To promote the construction of nomocracy with Chinese feature, we need a legal system corresponds with macro-control and the situation of country and folkway. Research and effective application of folklaw have a long-term significance on the direction and mode of legislation as well as reformation of justice.This article aimed on researching the folklaw system, tried to exactly define the conception of folklaw, and deeply explore the duality structure of the confliction and corresponding between folklaw and positive law. Learning and discussing with forerunners, personal point of views have been written down here with a hope to be materials and advisements to those who are in researching of law.