Conflict And Coordination - The Interaction Of Civil Law And National Law In The Field Of Private Law Today

A abundant folk rules and tradition customs played key roles in the history of private law establishment.Now days,Chinese society have to suffered radical transition.Awkwardly,however the country's national law which referred by western countries and pushed by government,it face a variety of resistance and cannot joint with traditional Chinese socio-culture,and also cannot take the effect in some fields as legislator's desired.But at the same time,the non-governmental law as a society control rules running in those fields by rely on its own characteristic,and display the aspect which have more effective than national law.For that,Chinese scholars carry out a self-examination on our country tradition nationalism law concept and government propulsion type legal institutions modernized pattern and start to study the current situation of Chinese legal institutions with one kind of pluralistic visual angle of law.The concept of folk law and it's the correlation theory have catch many scholars' interests by its unique angle of view.As a conduct corresponded to the national law,the folk law exists in different social groups.The folk law and the national law conflict,cooperate and merge in each other.Traditional folk law is based on the background of the folk society.And company with the modern social developments and the changes of the old style social model,the folk law also update its own connotation.This article analysis the context of China's current situation,compare with the low effective of national law running in private law fields,to research folk law's characteristic and society value.And demonstrate the types of interaction between the national law and the folk law,and seeks ways to promote positive interaction in the field of theoretical,legislation and judicial aspects.