The Rational Analysis Of The Folk Law In Modern Civil Society

In the marketing process and political modernization process, although interfluve between civil society and political nation is not exist in complete implications, relative organization of civil society is playing an unprecedented and more and more important role. We can see that, in political practices of Chinese in the future, the development of civil society can not ignored and slided over, so ,the important function it may play in human rights construction, is the problems which must be pay attention to in building of rule of law in China. Contemporary study of folk law is mostly on the traditional folk law of country Society, but little on the modern folk law of civil society. Contemporary city life already become the mainstream in Chinese social development, so it is important to study on the folk law of civil society. In the course of modernization, the realization of China's modernization of nomocracy, must pay important attention to its particular status , function and effect of folk law, decreases the social conflicts and law disputes, constructs harmonious legal environment and legal relationship. Theoretics of civil society folk law echo the people's demand that restricting abuse of national public power, protecting private power of citizen, so it is very important to construct harmonious society.Thesis is established in legal pluralism standpoint, uses philosophy and sociology methods, discusses the problems of folk law of civil society. Fist, thesis begins with social reality of Chinese transformation period, differentiates concept of traditional folk law and modern folk law, does a generalization of folk law which from country Society to civil society, and expatiates the internal relation between civil society and folk law, designates that folk law is the right and charter of civil society, it can express the will and request of citizen directly, and embody the right and request which come from folk more realistically. Then discuses base of folk law and its representation in civil society, as manifestations of modern folk law, markets customary law, corporation law and community law are different from traditional folk law. At last, thesis dissertates existing problems of folk law in civil society, and the approaches of conforming and rebuilding it, does a elaborate expatiate on how to construct a folk law system of civil society in our country, explores a new way to solve problems of rule by law in current China. The attention and pursuit to right along with important action in maintaining democratic system, indicate that civil society and its contractual folk law have common direction in value terms, and this is democracy and nomocracy.