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The Effect Of The Mongolian Folk Law In Building The Rural Community System

Posted on:2010-04-30Degree:MasterType:Thesis
Country:ChinaCandidate:P F GaoFull Text:PDF
GTID:2166360278472648Subject:Law
Abstract/Summary:PDF Full Text Request
Following the process of "Governing the country according to law and building socialist country ruled by law", the modern legal consciousness is coming to Chinese knowledge gradually,and the legal system which has been constructed according to western legal theory is consummating gradually. We gradually find that the theory and the system which has been introduced into china that we used are not adapt to Chinese contemporary conditions of law,when we attended much to the from-top-to-bottom mode of official law.Follwoing the process of building a country ruled by law ,the conflict between the ideal and the reality, the indigenous law and the law from other countries, the native law and the international law ,the regional law and the official law has appeared. So the theoreticians began to putting much attention to the sociology of law ,and the study of folk law is increasing .Sociology of law is a subject that combines the knowledge of law with the knowledge of sociology ,and it studies the relation between the law and the sociology by the means of sociology of law. At present, in the theoretician of folk law ,there are some people who use the research methods of the sociology of law talking about the folk law and the official law and taking the official law as precondition, or taking the folk law as substantive law.Many theoreticians put much attention to the folk law of the minorities,because of the different geographical environment,methods of production,habits and customs,religious beliefs and cultural tradition. Generally, the minorities live in the undeveloped regions of China. Their economy and culture are backward and they are short of legal conciousness.So the official law can not be implemented effectively.The minorities offen regularize their bdhaviors and adjust social relation by their fork law.For this reason ,It is very important to research the minorities' fork law and the effection of fork law in building the rural community system.The subject of this paper is the fork law of the mongolians in china. The significance of selected topic and current situation was introduced in first part. In second part the mongolian fork law was showed in general, the rural community system was described and the relation between the fork law and the official law was analyzed. The third part the effection of the fork law in building the rural community system was elaborated and the reason why the mongolian fork law plays a role in build the rural community system. In fourth part the value and the effection in building a country under the rule of law was summarized. Last the reason of the conflict between the fork law and the official law was analyzed and some new ideas of future prospects in building a country ruled by law was put forward.
Keywords/Search Tags:the mongolians, fork law, rural community, official law
PDF Full Text Request
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