Order Outside Of Law

In this paper, through a phrase statement to summed up the natural order and the evolution of human society, have been emphasized on the need for an inevitable and necessary means of some sort of order (including taboos, ignorance of the habits, etc.) since human beings to continue the existence of the human beings. To make the harmony and balance among the human beings with the nature, people to people, and other practical problems. Thus, express the existence of examining and pursuit of constructing the good order is the logic starting point of writing the paper.The first part of the investigation reported the reality with two cases, one case named "The society under the rule of the local bandits in the period of the Republic of China" provided the model of "orderly" society out of the control by a true national laws, it leads the ways of social control is not only controlled by the law and other issues in the law; "the traditional funeral in the southern mountain area "as the background, stated a real value of the filial piety conception influenced by the traditional moral and ethical order, stressed the values and the inspirations of the moral and ethical standard, and the folk standard.The second part, to state the law is not omnipotent, but it is with the limitations. And because of the relative limitations of human understanding and the infinite nature of the material world, which emphasize the law and the real world will never sync with the characteristics of hysteresis. Based on this conclusion leads to the law as an order form, is not only limited, but should be open .Then adjusted the marginal issue and the time difference.The third part, to comprehends and defines the orders from the different perspectives, make a clear view of this paper, classify the theory of the different orders based on the theory of social control.(firstly, the orders is divided into the natural order and social order, this study aim at the social order, social order is divided into the law order, moral order, religious order and folk order in the form of the four orders with criteria for classifying.). On the foundation of the "classify into Four", it analysis the important position and the defects of the legal order in the social control. The properties and the values of the orders form should be re-zoned, and then prove the reason of the division and the relationship among the four different orders.The fourth part focuses on the order of the law, which is the connotation and denotation of the folk order, the moral order and the religious order. Among them, folk order and moral order are focused on the object, through the origin and evolution of the folk order and moral order, religious order, further proof the value of the subject.The fifth Part, it focusing on the relationship between order outside of law and the construction of the rule of law. The evolution of the relationship between the English common law and the equity, and in the preamble I talked about the "Spontaneous Order", "informal order" and other views and conclusions, and further proved the danger of the legal centers and the thought of "one-dimensional". To reflect on overemphasize the rule of law in the process of China's legal order and weakened or ignored the other forms of the orders. We should make the model of legal society with both of a self-discipline law and multi-orders. In order to respond to the question which was asked in the first part of this paper, "During the construction of the modern rule of law, what is the guide of our lives" etc.Eventually, the emphasis on different types of order should be widely respected, even if the construction of the rule of law, should show greater respect for the folk, moral and religious orders, and developed with the multi-order style.