Reasonable Interaction Between The Folk Law And National Law In The Process Of Building Modern Rule By Law

Folk law is an important area of research during the academic in recent years. It is because that folk law originates from Chinese strong traditional culture, and it has become an important norm of the social relations together with the laws made by the nation during different historical periods. In the process of China's promoting the law's modernization, we can not avoid folk law which is the most important native resource.One way is that the law's modernization type promoted by the nation has made our national law system framework begin to take shape. However, before the social reality with continuous development, under the guide of the western thought ruled by law, the route of the nation ruled by law is twisty and rough. The national law can not regulate effectively the society, so it forces us to seek other ways to make up for it. As the representative of the law's native resource, folk law is a better realistic option. The other way is that there are different understandings about folk law between the academic and the professional. Some people think that folk law will disappear, some people exaggerate and idealize the effection of folk law, even there appear the operations against the law system and rule by law in practice.On Chinese special circumstance, especially of the period since the end of the 20th century, the process of law's modernization and the nation ruled by law in China has been accompanied by Chinese judicial reform. How to treat and use the folk law correctly and how to realize the reasonable interaction between the folk Law and national Law has become an important task of the process. With the deep reform of Chinese judicial system,"judicial reform steps towards the crossroad which decides the general direction". Judicial reform and practice have hesitated between the national law and folk law; and there has appeared some ideological puzzlement and practical confusion. In a certain way, all these are greatly related how to deal with the relation between the national law and folk law. Weighing correctly the relation between the national law and folk law in Chinese law system and rule by law, and holding the route all the time to play the role of folk law reasonably under the leading of the national law, is an urgent requirement of the steady promotion to the judicial reform, of realizing law system modernization and of building a country ruled by law.