The Contradiction And Balance Of Folk Custom And Law

After reform and opening up of thirty years , China's economy has developed rapidly. China has surpassed Japan to become the world's second largest after the United States economy.It can be said that China's urbanization and industrialization has been considerable development. However, China has more than 800 million farmers. The farmers population is about two-thirds of the total number of the country population.So China is still a big agricultural country. At the same time, China's legal system is continually improved. China has established a relatively sound legal system, and there are plans to promote legal education in phases to build the ideal rule of law. However, the vast rural areas still exist an imbalance phenomenon with the law. This paper is based on the background of the rule of law in China.The wedding and funeral in the North of Yubei is the main research object.The paper described the contradictions of modern law and the folk custom which as a major cultural forms of rural, and focus on analysing the reasons of conflicts which between folk customs and law.There are six parts of the paper.Introduction Part:This part introduce the three conflicts of the folk custom and law in the rule of modern law, the passing of folk custom,the sub-conflict of folk custom and law,the conflict of folk custom and legal.This paper is on the perspective of sociology of law, drawing on anthropological field research methods.There will be kneel ceremony,wedding and funeral as examples.The paper is close to the real life of rural.And it will analyse the reasons of conflicts between folk custom and law.Part I: The paper will introduce the conflicts between folk custom and law.The kneel ceremony, wedding and funeral of Yubei will be respectively as examples of conflicts between folk custom and law. The passing of folk custom,the sub-conflict of folk custom and the law, that folk custom ignore the law - the folk custom is neither flagrant law not actively advocate defiance against the law but not under the premise of continued and maintained strong vitality,the conflict of folk custom and law, the folk custom violate the law flagrantly.Part II: The Wedding and funeral as the main object of study, described the reasons of folk custom's existing.Chinese traditional virtue of filial piety and ancestral are reasons of cultural, and social needs of local is the root cause.In ancient times, the folk custom had been law.The folk custom rules the daily life of people. In modern social,the folk is a cultural form. Part III: This part Interpretes reasons of conflicts between folk custom and law. First,the differences between external freedom, equality, democracy and human rights and the concepts inherent in China's traditional culture has led to the villagers refuse to accept law.And the power of folk custom regulates the villagers life behavior. Second, the development of national law is based on the country's overall macro-social needs, and the existence of folk custom is based on the rural society needs.The different needs of both led to the conflict between folk custom and law.Part IV: Seeking a balance between folk custom and law, we should create a wide range of social changes in the legal system and optimize psychological adaptation to the environment of the process of social.Conclusion Part: The explanation of the above part put forward the establishment of a new order must be based on equal dialogue with the old order.The implementation of the law in rural areas should take into account the rural social structure and social needs. So the conflicts between folk custom and the law will be weakened slowly,and the social basis of law order will be more secure.