National Law And Civil Law Co-exist And Blend: China Rule Of Law And Order,

Two major opposing ideas are co—existing in the academic circle in China concerning the realization of the rule of law order. That is, the government advancing type of law mode and social evolution type of law mode. China has stepped into the government advancing type of law mode under exterior pressure and interior crisis. In this mode, the law order advancing mode has been accelerated along with some achievements. However, the limitations of the government advancing mode are also revealed in the process such as the disaccord between the efficient governing and power restriction, the clashes between the subjectivity of law construction and the objectivity of social life, the influence of ambiguous principal law part, insufficient government drive and irrational value preferences.The theory of legal pluralism has provided a new perspective in the study of the ruling by law in China. It's no denying that state law and folk law are conflicting while co-existing in China. However, they can merge in today's condition. The civil law that arises spontaneously displays such features as locality, self-production, self-discipline and ambiguity. It's reasonable and inevitable for the folk law to exist. Since folk law is the basis of state law, the merits of folk law can be a part of state law. As for the application of the law, civil mediation is supposed to be in full play. Meanwhile, the deficiency of state law can be rendered with folk law. For instance, the mediation system has bridged the state law and the folk law. Hence the Chinese law construction should leave enough room to the work of folk law resources while paying great attention to state law. The way out concerning this is to follow the policy that nation is the motive and society is the foundation. Instead of selecting either mode of law advancing, the problems on the way of China law advancing can be solved only when the two parts are both acting positively.