The Civil Law Of The Effectiveness Of The National Law Crisis Relief

With the development of the study of law, more and more people start to realize the importance of folk law. The study of folk law has become one of the focuses of the study of law. As we know, folk law is very important to the order of our society and the adjustment of rights. I want to analyse this problem in the treatise and express my opinion on this issue. There are five parts in this treatise. The first part is the two aspects of the validity of law. The validity of law includes two aspects, the validity of legal norm and the validity of society. The second part is the difficulty the state law faces. In this chapter, I analyse the standard of the validity of state law. State law faces many difficulties mainly because of the contradiction between abstraction and localization, transplantation and inherence, reason and reality, transform and steady. The third part is the ways of relief of folk law. At first, I comment the popular conceptions of folk law in the society and define folk law in this chapter. Then I study three kinds of ways of the relief of folk law, including relief to the private rights in local society, relief of folk law in "the area without law", and contractual folk law in the commerce. The forth part is the limitation of relief of folk law. Relief of folk law has its own limitations, mainly including the limitation of the validity of legal norm of folk law, the changes of the situation of country and city, and the limitation of localization. At last, I talk about the normalization of folk law. In my opinion, folk law is very important to the building of legal system in our country, but it needs to be studied seriously and integrated by legislation and judicature.