On The Evolution Of The Civil Law

The folk law is an important topic in the process of building a society governed by law in our country at present. As a conduct corresponded to the state law, the folk law exists in different social groups. The folk law and the state law conflict with each other, cooperate with each other, and merge each other. Traditional folk law is set up on the background of the peasant society. A lot of its contents no longer meet the need of the modern social development. With the changes of the old social mode and corresponding systematic innovation of social organizations, a self-evolution in the folk law has taken place.Based on the position of the plural doctrine of the law, this essay, with the approach from Various kinds of methods, attempts to analyse the motive force and predic the direction of the folk-law-evolution, and try to remedy the lack of the legitimacy when using folk law in judicial practice.This essay has three parts, as its main content and framework as follows: Part I focuses on the definition of traditional folk law and analyses social background which the non-governmental law depended on .It also describes the backwardness of the folk law.Part II announces the relationships between the evolution of the law and social changes. The writer summarizes the transition from peasant society to civil society. This part also points out that state law, especially the social law should play an important role in this course.Part III compares the social law systerm in Western countries, and carries on an overall and exhaustive exposition to the social law.