The Conflicts Between And Integration Of State Law And Nongovernmental Law

Through the analysis of the conflicts between state law and nongovernmental law, thisarticle points out a series of contradictions in the construction of law rules in china. And onthe basis of analysis of the relations between state law and nongovernmental law, the writerputs forward the methods to integrate state law and nongovernmental law. This article isdivided into four parts. The first part is about the background of nongovernmental law, thedistinction between nongovernmental law and the state law and the concept ofnongovernmental law. In the second part , the author picks up cases from life to indicatethe conflicts between law and moral, the conflicts between the justice of Occident and thejustice of China, and the conflicts between mores and state law. And then through theconflicts between state law and nongovernmental law, we can see a series of contradictionsbetween unification of state law and diversity of local tradition, the contradictions betweenthe justice of occident and the justice of China, and the contradictions between episteme ofnongovernmental law and the culture of occident. In the third part, the author points out thatthe nongovernmental law will exist in a long time and state law and nongovernmental laware dialectic. The decriminalization of nongovernmental law rests on the allowance of statelaw. In the end, the paper makes the effort to settle the conflicts between state law andnongovernmental law, proposes that the state law should assimilate availabilities of thenongovernmental law in the idea, legislation and judicature. In the same time, we shouldvindicate the leading station of the state law and manage the state law and nongovernmentallaw in different fields.