Font Size: a A A

The Benign Interaction Between National Law And Folk Law

Posted on:2012-02-11Degree:MasterType:Thesis
Country:ChinaCandidate:S H HuangFull Text:PDF
GTID:2246330335484531Subject:Legal theory
Abstract/Summary:PDF Full Text Request
Folk law, as the category of non-national law corresponding with national law, has caused widespread concern among the filed of the law. Scholars have researched it from different angles. Since the1980s and 1990s, because of the acceleration of the proceedings of the rule of law and the increasing of monopoly position of national law, the existence of folk law is threatened to a certain extent. However, the swell in the monopoly of national law doesn’t ban folk law or make it disappear. On the other hand, folk law continues to thrive in the countryside. People in the countryside don’t feel inconvenient without laws. On the contrary, the order or rules based on the countryside emerge from the lives. Local people know them by what they hear and see, words and deeds, from generation to generation, and the rules are reinforced through the Interne of the social rights. According to the unified requirement of national law, the existence of the other rules are not allowed, especially rules which are inconsistent. Therefore, the conflict between national law and folk law is prominent in the modernization. How to adjust the contradiction between the two laws is very important in the process of the rule of law.At present, the research of national law and folk law within educational circles has not formed a complete system. Scholars mostly do some research on the needs of their own areas. The adjustment between the two laws is still not a unified system of rules. From the position of dichotomy structure of laws, the background of the Miao Minority in Western Hunan, the angle of marriage customs of the Miao Minority, using the methods of case study and field survey, I have done the basic research on the fusion between folk law and national law. Through a pilot study, I found that the co-existence of national law and folk law keeps the social order stable. By the harmonious effect of the court as an agent, the two laws show the track of the fusion, which runs in the law construction.
Keywords/Search Tags:national law, folk law, Marriage Customs of Miao Minority, interaction
PDF Full Text Request
Related items