The Research Of The Complementary Relationship Between The Civil Law And The State Law

Recently, the research of the complementary relationship between the civil law and the state law are increasingly being concerned. Substantial and valuable research are did by scholars with different methods and perspectives. One reason the folk law being widespread concerned is that the dilemma which is faced by Chinese law. To construct a state of law, the national unity of the rule and force monopoly rules of the nationality are required. It also means the legitimacy and dispersion of the local rules need to be abolished. The state should set the standard to coordinate the life of the citizens into whole process of the national-building. The research object of this article is for the wenzhou private enterprises, how to realize the complementation of the folk law and national law, especially the financing for private firms.In this paper, the integrated use of standard methods, the method of sociology of law, methods of empirical analysis method, to delve into folk law and national law complementary relationship.to some extent, change the regulation of the state law to allow borrowing between enterprises, set the boundaries of legal and illegal to regulate the funding-raising and private lending, commercial transactions. As a "non-state law", the local law is conflicted and contradicted to the state low, however, mutual cooperation and integration also exist between them.From the view of private enterprises in Wenzhou, this paper analyzed the economic foundation, cultural foundation and social role, based on the analysis, the article provide a way to remove the conflict between folk law and state law, which can form a complementary relationship between them, this can provide a theoretical basis for the economic development and financing in Wenzhou.Four sections are included in this paper:1.The basic content of civil law, including civil law concepts, characteristics and classification;2.Analysis The economic foundation, cultural foundation as well as social rules are of civil law in Wenzhou to identify the reasons why civil law is existed in Wenzhou.3.Analysis the status of civil law based on the private enterprises in Wenzhou, including the organization and means of financing of the private enterprises.4.Research the relationship between civil law and state law, include the conflicts and the complementary relationship.