Analysis On The Relationship Between State Law And Nongovernmental Law

The nongovernmental law is an important topic in the process of building a society ruled of law in our country at present. As a conduct corresponded to the state law, the nongovernmental law exists in different social groups. The nongovernmental law and the state law conflict with each other, cooperate with each other, and merge in each other. Traditional nongovernmental law is set up on the background of the peasant society. Lots of them no longer meet the needs of the modern social developments. With the changes of the old social mode and social group's organizations, the nongovernmental law themselves also develop quickly. 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 nongovernmental 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 try to get the fundamental conception, then studied the relationship between the state law and the nongovernmental law. The thesis based on the view of multivariate law tried to learn lots aspects of the developments of nongovernmental law, such as reason, promotion, mode, trend and so on. On these basic researches the dissertation aimed to learn the reason that on one side the nongovernmental law is not state law, on the other side, it has the same effects like state law. This thesis is made of three parts: the first part is about the definition of the nongovernmental law, and emphatically points out the backgrounds of the nongovernmental law and the contents of the nongovernmental law, Then does some research on the characteristic of the nongovernmental law, and stresses the importance of the developments. The second part points out the interaction between the state law and the nongovernmental law, then points out the reason why both of them interact each other. The third part mainly seeks ways to promote positive interaction from three aspects: theoretical, legislation and judicial aspects. And at the same time it also points out the importance of promoting the positive interaction between the state law and the nongovernmental law.