On The Shape Of The Local Social And Legal Beliefs

Legal faith is indispensable to Chinese rule by law especially to rural communities 'rule by law, but it lacks it seriously in rural communities.This thesis try to probe into the origin for lack of legal faith and put forward the relevant countermeasure from cultural angle .First of all, the author analysed the definition of legal faith and sum up the condition of lack of legal faith in rural communities. Leagal faith belong to not only pure subjective psychology but also the organic unity of the intrinsic faith and the extrincic action , and it embodies the intense faith and convinced psychology to law, including the action following to law.The condition of lack of legal faith in rural communities mainly lies in three aspects.Firstly,the people in rural communities are not familiar with the law.Secondly,it lacks the authoritative sense to law in rural communities.Thirdly,the people in rural communities doubt the legal value.Then , the author analyses the origin for lack of legal faith in rural cmmunityies from cultural angle .Firstly,it lies in the lack of non-utilitarianism of religion and the humane spirits . In the west, people'legal faith base on the support of the religion and humane reason.. But it lacks the religion widely in rural communities,and religious consciousness in rural communities indicates pragmatic style if the religion exist in rural communities ,futhermore,it lacks humane spirits in rural communities,Which lead to the lack of subjective qualification of legal faith in rural communities. Secondly,it lies in the plural existence of ethical,political and economical culture,which result in the lack of the paramount cultural authority in rural communities and the confusion of people's value selection.In the judicial areas, ethical political and economical culture dispay the interference of emotion relationships,authority, relationships and economy relationships to judicature.Thirdly,it lies in the substitution effects of folk law,which cause folk law to be popular in rural communities and people to select folk law instead of state law,so it is difficult to enforce state law.Fourthly, it lies in the far-reaching influence of the legal instrumentalism. The harmfulness of the legal instrumentalism to legal faithdisplay mistaken direction to legal value and legal action,which cause people to treat law passively even boycott it.In the end,the author put forward concrete plans of legal faith cultivation in rural communities from cultural angle.First of all,education in rural communities must start off before the others.The development on education in rural communities is a big task,but the author merely discuss three measures connected with legal culture.Firstly,to absorb qualified personnels by all kinds of ways in order to bring the well-developed cultural idea.Secondly,to strengthen the interchange between urban education and rural education.Thirdly,to speed up constructing educational information project in rural communities.Next , to creat certain cultural atmosphere in rural communities,including cultivating cultural authority , carrying forward the building of cultural facilities and the development of cultural activities.,strengthening villager self-government democracy to enhance people's democratic consciousness,and seeking new ways toward publicize law in rural communities.Then we must deal with properly relations between state law and folk law.The fundamental social connections must be regulated by state law,and the social connections containing local knowledge and folklore may be regulated by folk law ,and other social connections which state law and folk law may involve may be regulated by both ones.In the end,we must cultivate law- functioning culture in rural oommunities.The cultivation of the legislative culture embody fostering the legislators disinterested initiative, creating the democratic atmosphere of legislation .absorbing some folk laws into state laws if necessary .The cultivation of the administrative culture embody mainly establishing humanism idea and service consciousness,making law authoritative and administrating according to law,enhancing open and transparent idea.The cultivation of the judicial culture embody improving the cultivation of judges' work-style and material judicial culture,and the cultivation of passive and negative judicial culture.