Operation Of Folk Law

The 1990's witnessed great in crease and rapid progress in the study of folk law with the introspection to our country's rule by law construction. The scholars'study is thorough, but be over-emphasize to the horizontal cutting of the folk law and be short of dynamic state. In this paper I try to remedy the defect and study the folk law from the longitudinal aspect.This paper takes the creation of folk law as to the beginning of the study and launch it from"the creation of the folk law","the movement mechanism of the folk law","the movement mechanism of the folk law","the movement method of the folk law"…ect. This paper sketches out the macro view of the process of the folk law and makes approach a subject from different angles, such as the motivation,the factor,the way of the circulation and the correlation of the state law.The source of the folk law is not the law. Authority is indispensable to the conversion of the folk law, in spite of the authority is the personal or the organization. It is a key that the folk law can convert. The movement of the folk law is very complicated, propped up from a set of movement mechanism. The movement mechanism includes the motive mechanism, the authority mechanism and entity mechanism. It has to present a different appearance because of the different and various mechanism function of the entity mechanism. Compared with the state law, the folk law has more approbation in the member, its authority mechanism is weaker. Therefore, the folk law is obeyed voluntarily by its member almost. Its compulsion not only comes from the authority, but also comes from the member whole, in very small and weak environment of authority the right corpus's is also a kind of important movement power.In the study of folk law, we must concern ourself with the construction of the legal system. It is an essential that we inquiry into the correlation of the folk law and state law. The relation between state and society is a theories beginning when we inquiry into the relations of the state law and the folk law. In practice we should facilitate the positive interaction depend on the lawmaking and the administration of justice and existing system innovation.