Research On The Basic Value Of The Folk Law

Folk law has been in use for2decades. In spite of the controvesy,in recognization of concept andnature of the folk law,academia gradually recognized the existence of the folk law, and promoted theexcavation of the local resources during the modernization of the chinese law. It’s a more empirical studyto prove the existence and it’s existence basis from legal pluralism and cultural anthropology. The valuedemonstration in folk law study hasn’t obtained due attention, and even the scholars in folk law intended toavoid value study at the beginning of folk law study deliberately, which result in the theory basis of the folklaw is not firm yet. Nowadays, the study on the value of the folk law are gradually increasing,but it stillrests on discussing the aim of singal value, so it lacks systematic and comprehensive study andcomparison with value of state law that absorbed the idea of western legal concepts. In this paper,thewriter tried to use literature, comparison, case study and historical reseach and other methods to explor thebasic value of the folklaw: harmony, order, and discuss the rationality of the value of the folk law, as wellas the realistic basis of it’s existence,and also dennonstrated the profound impact of the value on theexistence and operation of the folk law. The writer aimed to seek a solution to solve the conflicts of the folklaw value and state law value through analysing the primary values of folk law and it’s comparisonwith the value of state law. The value of folk law will play a guiding role in promoting the healthydevelopment of folk law, and finally, it will achieve integration and solve social conflicts better under theguidence of viewpoint of humanist law.This paper is divided into the following three parts except the introduction and conclusion:The first part is the value of the basic theory of folk law. Firstly, identifying the law, from theunderstanding of the generalized method to determine the folk law is the law, therefore, discuss the conceptof folk law. Secondly, describing the value of the folk law theory, as laws are pluralism, the folk law ispluralism, and because folk law is pluralism, the value of folk law is complexity.The second part is the value in the social development of folk law. It mainly describes the value ofcivil law in traditional society and in modern society. In a traditional society, the ceremony is the importantmanifestations of the civil law; harmony is the ideological basis of the traditional Chinese legal culture and value objectives, without the defendants is the value of the traditional judicial pursuit. In modern society,the value of the folk law is mainly through both the legislative and judicial use of the folk law.The third part is a unified and harmonious value system building of the folk law and national law. Thepremise of Chinese construction of harmonious society,The state law and folk law from opposition tounification. Finally the formation of a consistent value system.