Defend For The Folk Law

This paper is about the critical studies of folk law to criticism, that is, against the existingfolk law criticism of achievement, but in the end is the return to folk law ontology research.Specifically, this paper points out that the existing folk law critical misreading and reasons ofthe research is evaluated, main purpose is to the point of view of the reflection again, thecurrent critical studies of folk law for a scientific interpretation of the main objective is to folklaw for a comprehensive, objective evaluation.According to the folk law circles on criticism of the results, the author select three aspectsof screen and the response, remove introduction, the text of this paper is divided into threeparts, the first part of folk law research criticism of comb results, the second of themresponded, and the third part is the full text epilogue.The first part of this paper is combed the criticism of folk law results. Through reading,the author found that the folk law critical literature is more, and the point of view of theselection of scholars, based on the scope is limited and the author interest, this paper willthree core question theory to comb: to the folk law category to the question, the folk lawfunction of folk law in question, the fate of the question. Part ii of this article is to folk law todefend, for the first part of critical theory of folk law comb, and the second part is one of thethree aspects put forward to criticism.According to the first aspect, the author holds that the category of folk law is not fuzzy.First of all, fuzziness and clarity is a relative concept, can’t use the national law "clarity"standard to measure folk law; Second, the fuzziness of folk law category with congenital.Folk law in the operation of the standard model, we usually have norms of behavior, havestandard text description, behavioral changes sex and text itself the fuzziness of folk lawcannot be completely to the accuracy. In addition, because folk law has regional, diversity, notimpossible to do a absolutely clear description and finishing; Third, folk law although hascertain consideration, but this does not affect the folk law should play a function; Finally, folklaw and is not a absolutely fuzzy concept, the core content of folk law can be clearacknowledgment and discrimination. In short, as a result of many subjective and objectivereasons, caused the folk law have performed relatively fuzzy phenomenon, but the reasonable,it is in such a state, the folk law plays a standard function, can say, critics called the "fuzzy" isexactly folk law can achieve "clarity".For the second aspect, I think, the function of folk law is not myth. First of all, folk lawnorms will not stop lagged behind in the process of the construction of the law, because thesecontent will be along with the progress of the society and evolution, in a variety of norms willeventually lead to a game of rationalization; Second, the folk law program "crude" it isexactly the advantages, simple and easy operation procedure can save the cost of the disputeresolution, improve the execution to resolve the disputes; Third, folk law to rule by lawconstruction, it can promote the social order of law, the maintenance. In conclusion, we should pay full attention to the function of folk law.On the third. This article think folk law not only won’t die, and vitality more strong thannational law. First of all, we should transcend national law. The so-called beyond national law:first, whether current or future, folk law and international law are not affiliate relationship,should go out to national law center for evaluation mode; Second, folk law whether good orbad, and his fate is not only to be absorbed by national law or modification; Second, weshould transcend rural carrier. As long as there is a human social place, order the demand ofthe place, it may produce folk law. Folk law won’t because the countryside or die the death ofthe city, the carrier of folk law is not specific rural or city, but human social, the order of theregion needs.Finally, according to the above all, the style of writing a comb and summarized thecontent.