Legal Analysis Of Village Regulations

Pacts since ancient times, the people are to develop collegial way from the ancient "countryside" to contemporary villager autonomy statute, the nature and abide by a code of conduct, it plays an important role in the historical development of our country, nature of "soft law". Pacts have autonomy, regional, relative stability characteristics, improve national laws and regulate rural social management is important, can complement legal loophole, the legal connotation rich, innovative legal form, while in the rural social management plays to democratic participation, to maintain order, behavioral constraints, cultural heritage and so on. However, due to the creation of pacts with national legislation, the implementation of different subjects, different application objects, the pursuit of different values and other reasons, there is inevitably a conflict between the two, such as pacts violate, circumvent the national legislation. Give full play to the positive role pacts to avoid its negative effects should be multifaceted efforts to achieve mutual integration between the two, and common development. After analysis, the conflict between national legislation and pacts there is a possibility to solve, first of all, the law has the diversity, the need to seek mutual cooperation Law & Folk Law; secondly, national legislation is universal, but in rural areas the practice is not one standard, and thus applicable in rural areas have limitations; again, the construction of modern rule of law, local resources in rural areas have indispensability. In this regard, we propose three ways to resolve conflicts pacts with national legislation, are perfect pacts, pacts to promote specialization and the actual situation, national legislation recognizes or reference pacts.The author in the process of writing papers reference literature and data from the perspective of jurisprudence pacts analyzed were of the sort and analyze the following five parts.The first part is an introduction. In accordance with the requirements in the form of paper, a brief introduction to the background and significance of the paper; analyzed from both domestic and foreign research status pacts briefly cited research method and innovation of this paper.The second part provides an overview of the pacts, introduced its meaning, nature and characteristics.The third part outlines the origin and development of pacts of its origin from the Han Dynasty to the development process of villager autonomy statute contemporary and typical characteristics of each stage are briefly described.The fourth part focuses on the role of the pacts were from national laws and rural social governance aspects were analyzed.The fifth part pacts by analyzing the causes of conflict with national legislation, the performance, and explore the possibility of solving the conflict between the two, and finally propose solutions.We hope that through the analysis of this paper pacts, pacts with the further understanding of the relationship between national legislation, regulation pacts, improve the legal system, to achieve mutual promotion, the traditional customary law and modern harmony, self-governance administration and complementary, and play an important role in the construction of socialist rule of law, in order to achieve a comprehensive rule of law provide a useful reference.