Research On The Rule Of Law Function And Practice Path Of Rural Regulations And Folklore In Rural Development

With the construction of new countryside in China,the rule of law in rural society has gradually become a big stage for many scholars.However,the concept of modern rule of law applied to the metropolis and the work of the rules in the countryside have not been successful.Folk has its own set of rules in the rule of law "established" plays an important role in social construction,the folk "convention" has developed into a kind of informal rules and regulations,guiding the rural people's lives.Therefore,it is not suitable for the new countryside construction in our country to carry out the concept of social rule of law in the new rural construction work.The fourth plenary session of the 18 th CPC central committee formally affirmed the important role of the township rules in the socialist legal construction system.But,the traditional local rules are contrary to the modern concept of rule of law as well as the unreasonable place,how to effectively find the combination of the village rules and the rule of law state,looking for the fit,this article will actual situation in zhoushan as an example,carries on the discussion to this.The thesis is divided into three parts: introduction,theory and conclusion.The first chapter mainly introduces the general connotation and the existence basis of the local people's contract,and understands the development history and the theoretical basis of the relevant rural planning.The second chapter: Taking the rural development of Zhoushan City,Zhejiang Province as an example,the paper discusses the role of rural regulations and folk conventions in the development of rural areas.It points out that the rural regulations and people's contracts have both positive and negative effects in the development of rural areas in Zhoushan.The positive effects mainly include: the democratic regulation function of rural regulations and civil society to rural society,the effective supplementary function to national laws,the propaganda and annotation function of legal norms,and the function of cultivating rural legal culture;the negative impact is mainly reflected in the national laws.System avoidance,violation and utilization.The third chapter: through analyzes the negative function of horizon research village rules of law and national law impulse performance,with the instance of zhoushan appear of the new rural construction,points out that the local rules evade,violation of national law and use;Then the reason of the conflict is the limitation of the local people and the conflict in the legislation.The fourth chapter: the combination of zhoushan local rules and national law conflictresearch,explore out the local rules and national law as well as the transformation path,think in terms of legislation and the judicial two transformation,analyzes and points out that in the new rural construction of important role,this is the main content of this thesis.