| It is necessary for us to introduce the mature rule of law of the foreign country into our country during the course of setting up and perfecting the society by law. But, the social systems of the village that far away from the city are the results that based on the people's communication. So , during the period of introducing the advanced idea of the foreign country's law, we should dig and clean up the valuable rule of conduct which are based on the social and protect the social order of that area ,and then make them functional. So this idea is regarded more and more important for the field of law and demotics.Popular regulation is produced from folk society. It is beyond from the law that made by the country and used to adjust the society behavior regulation and the society relation between the people. Popular regulation is abstractive and it changes as it going to be, in the very area. It is developed in the period of people's communication. Popular regulation is a kind of "lively law " , it has the behavior pattern which is deeply rooted among the people, people has anticipating that ascertaining that basically to fulfilling popular regulation; The people popular regulation is fulfilled depending on behavior mainly is conscientious , it does not require that the external comelling force ensures in general; Popular regulation has the mark of boundary interested party in the process of social interaction. Abide by the popular regulation that the community resident approves commonly, the habit right is able to protect countryside people, realizes their anticipated profits , forms the social order harmonious , stabilizing , developing and thereby. The dispute therefore, resolving the society between popular people of society according to wielding popular regulation, can arrive at the social effect applying a legal norm to have no way to get up sometimes.The main body of this paper is divided into three parts: Part I is a concept and characteristic discussing popular regulation's. By the fact that relation discussion to social order and society regulation comes to a conclusion, popular regulation is besides referring to the legal norm working out or approving except the country, order, morality order, the society behavior regulation organizing order adjusting the human relations in society between people and behavior relation society behavior regulation , being just that those maintain convention; Among the people, regulation has five characteristics , the namely common norm , home village regionality , stability , benefit charge nature within assignment. Part II is that a economy dispute treatment, explanation popular regulation of area fact finding has the important effect to resolving popular society, economy in the dispute by giving an account of an author in the country. Part III is to analyze and discuss the effect discussing popular regulation in economy dispute by the Part II case mainly: Protect land for community people first judging by the right being accustomed expected to enjoy by popular regulation; Two is to defend the social order taking form between people owing to that popular regulation moves mutually; Three are both and protecting "inactive human rights" of community country residentThis paper is trying to analyze the popular regulation effect that resolving in popular society especially, the aspect expounding and proving the legitimate rights and interests according to popular regulation defends society economic order ,and to prove that protectors is very important, And then to get a conclusion that: It is important for the country to make laws by digging and cleaning up the popular regulation of the society.
|
PDF Full Text Request