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Study The Value Of Rural Rules In The Process Of Law's Modernization

Posted on:2011-01-06Degree:MasterType:Thesis
Country:ChinaCandidate:J MaFull Text:PDF
GTID:2167330332965651Subject:Legal theory
Abstract/Summary:PDF Full Text Request
With the accelerated process of economic globalization, in order to establish the legal system which is adaptive to the market economy as soon as possible, Chinese Government is backed by the state coercive power, and transplant a large number of laws from developed countries and regions, establishing a relatively advanced legal system rapidly. However, to some extent, because of lack of the necessary local adaptation, the established law by transplantation is not easy or even not accepted by people, and it also can not become behavioral norms. People pay more and more attention to the local adaptation of law and the ability to make a significant contribution to local resources in China's legal construction. As an important part of Chinese local resources, folk regulations received full attention and also attracted extensive research by some experts and scholarsPredecessors'research on the folk regulations was conducted from the perspective of traditional culture, and has achieved some results. But few people make more in-depth analysis comprehensively from economic factors, cultural factors, political factors, social factors on the folk regulations. In this paper, it used the system theory for comprehensive discussion on the rational existence of folk regulations, and also used the cost-benefit analysis of law and Hart's rules for researching the legal functions of folk regulations and interaction between folk regulations and the state law. In this way, the paper clarify the importance of folk regulations in Chinese legal system modernization, and discuss how to eliminate the conflict between folk laws and the state law, and how to transfer from folk regulations to the state law on the legislative and judicial aspects. This shows that we need to focus on the folk regulations and what a kind of sense.
Keywords/Search Tags:legal function, establish, rural rules, conflict and settlement
PDF Full Text Request
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