| The development of provisions and rules for villagers has a long history in China, which is an effectiveform of self-restraint for local people, spontaneously formed in the development of rural social history in china.Today, During the feudal period and modern times,the major guiding ideology of provisions and rules for villagerswas feudal etiquetle,educating the rural people, which played an important role in rural social life in purpose ofmaintaining rural social order. Since the "Grassroots organization " laws enacted, it has changed a lot both in theform and content.The existing pacts are comprehensive local rules made by villagers in accordance with relevantlaws, regulations, policies, combined with local tradition, culture and history, involving management, publicmorality, public order and environmental protection, which is a norm of self-management, self-education andself-restraint for villagers. Existing pacts inherited tradition and the basic form of cultural which existed in the historyand is innovative now, especially adding the rule of law as well as national force protection for the base, so thecontent is different from the traditional form. Meanwhile, the existing pacts are embodying not only the democraticself-government in rural area in accordance with national laws and local regulations, but also the contract betweenthe villagers.After research and theoretical studies, the author believes that although there is a long history for thetraditional pacts, there are many shortcomings and historical limitations, which are not suitable for all aspects of ruralsocial production and life stage, so the traditional pacts need to improve and upgrade. On the other hand, thecoercive power of the country will be weakened with the expansion of its jurisdiction, leading to the blank space inrural business management of legal system, especially in the border area, such as Yunnan province, the state law isweakened because of lacking the public resources to ensure the implementation of coercive power. By contrast, pactswith characteristic of localization and directness, is straightforward to adjust the behavioral norms of social life inrural areas. As a direction, it will not reduce the effect of management, so in the process of making new pacts, weshould pay more attention to the content of traditional folk law and inherit the reasonable and beneficial pacts.Write this paper, in order to conduct research pacts Yunnan as an object, the purpose is to study through theapplication of pacts, in particular, is a combination of "folk law" research "national law" to promote legal theory, thetheory of justice and the development of folk theory. Another new study upon binding pacts helped pacts customarylaw on ethnic tolerance and rational use, will help improve the region’s ability to solve disputes ethnic and socialeffects, strengthen the credibility of the judiciary and affinity conducive to further deepen the relationship betweencontemporary rule of law and minority areas between real life, to love, science, fusion, and promote social harmonycountryside. Meanwhile, this paper to solve the legal issues raised in rural Yunnan some countermeasures andsuggestions are intended to enable us to explore appropriate legal construction of rural roads in our province detoursin order to achieve the goal as soon as possible,"the rule of law in Yunnan."... |
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