Folk Law’s Rationality And Limitation

Folk law is a state law and the corresponding concept in our country, the process of buildingthe rule of law, people used to pay attention to the national legislature, while ignoring the role offolk law. In fact, the folk law is wide in the society ’s rules of conduct, he is a" living law", he isin the people’s daily life. He can be at the national law and local society and served as a lubricant,its existence has its rationality. It can be in the building of the socialist legal system and play animportant role in it. At the same time, he has some shortcomings, and the existence of themodern spirit of law is not matched to the place, for this, we should be determined to abandon it,and carry its advantages.This paper is mainly divided into four parts: the first part is mainly through" marriedwomen" case and " village" in the case of several controversial to refer to folk law ’s existenceand role of the mechanism, arouse people to think what folk law is ,and guide people to think ofthe importance of folk law in the construction . Finally, from another side, try to think of theshortages of the folk law.The second part is to hold the private law. From the meaning of folk law, according to themeaning of folk law’s feature, eventually, we put the folk law and national formal law tocompare, to see the folk law in modern legal system construction in the presence of therationality and legitimacy. Through these three aspects of the folk law, we can have apreliminary and general understanding.The third part mainly introduces the folk law in the process of application of the law basis.Mainly from the following aspects: legal basis, theoretical basis and realistic basis. Throughthese three aspects of the detailed analysis of folk law, we can understand why the folk law canplay a role in the construction of rule of law, this part is the most important.The fourth part mainly introduces the limitations of civil law. Although the folk law itselfhas many advantages, but at the same time, it also has certain limitations. This is also from thecivil law in the definition of derivative.