Social Change The Fate Of Rural Society In The History Of The Civil Law

From the viewpoint of Legal Sociology, folk law in village community has a special evolution process, restricting to the condition of social economy, politics and culture, as well as associate with the development of national Law. Owing to the effect of smallholder economy, Confucianism culture and the political system that centralization of state power coexisting with village self-government, folk law has flourished and became dominant in village community. It develop a cooperative relation with national law which has a characteristic of emphasizing integration and Criminal Law. They play an important role in maintaining the order and stabilization of traditional society. Along with the social change, the national law is replaced by modern legal system. Folk law has changed acutely .It has declined and becomes popular again. Though national law is required to be the primary law in modem society that comply with the demand of commodity economy, industrialization, Urbanization and modern life style. Folk law is still an indispensability and invaluable resource in village community. It is of great significance that national law is in dominant position with folk law as a supplement. The dualistic and mutual system is the necessary way to the modernization of law in village community.