Conflict And Integration Of Rule By Rite And Rule Of Law In New Rural Areas

This study is based on the new rural areas of social transition,it is called a new rural areas,for the concept of the traditional rural areas in Mr.Fei'book.New rural areas shows some significant features,such as local features reduces,effect of state power turns softer, multi-authority appears and so on.And in this new situation,the traditional rule by rite turns out a trend of gradual weakening,and rule of law also encounters many practical difficulties.Lots of fierce contradictions and conflicts are produced in their contacts,and there is also the possibility and necessity of merging.The innovation of this paper is to explore solutions to the conflicts and to achieve the effective ways to make their coordinated development.The article is divided into three parts.The first part analyzes the features of traditional rural areas,including the local features,consanguinity and geographical structure and the traditional order,and the contents about rule by rite.With the transition of Chinese society and development of market economy,the traditional rural areas turns to a new rural areas gradually,and a series of new features appears. Rule by rite weakens in the meanwhile rule of law is lost in dilemma.Partâ…¡discusses the relationship between rule by rite and rule of law,the common and different points,their advantages and limitations,as well as the contradictions and conflicts between the two which shown in replacement that rule of law to rule by rite and violation that rule by rite to rule of law. The third part is the innovation of the article and proposes solutions to the conflicts between rule by rite and rule of law on the basis of the previous two chapters,including:in the terms of concept,treating rule by rite with respects,strengthening the education of rule of law;in legislation,local resources should be absorbed by rule of law to improve our construction of law;in the implementation of law,we should explore new ways to inplement law actively.in administration of justice,we should establish a judicial system for the merging of rule by rite and rule of law;at last,we should strengthen the farmers' consciousness of respecting the law.At the same time,we should explore the interacting areas of rule by rite and rule of law and achieve the integration between them.