Folk Law And National Law In Dispute Solution Of Rural Hill Cemetery

Disputations of Cemetery Property in rural society of China nowadays had brought awful instabilities and social unrests,hence,we need to focus on and explore the nature of these disputations;at the same time,what we have to keep in mind is the Folk Law,as a vital social norms means in customs,beliefs,patriarchal,Confucianism and other rich Chinese cultural factors,has been playing a essential role in the severity of the situation right.I participated in the Students'Innovative Training Program-"The substance of the dispute rural cemetery-from the grave main offspring of collective land ownership rights and grave" and made some surveys in order to find out the essence of the rural cemetery disputes.Forasmuch,this paper aims at considering the defects in Folk Law,seeking a way out for apply the Folk Law in the social transition period of Chinese society.First and foremost,the first chapter introduces the background,purpose and the value of this study,and interprets the aim and methods of the research.Before introducing the ways to build ADR system,the second chapter explores theoretic origin and adopted new principle of Folk Law.And then take Qing Dynasty as a example,to explore the traditional Chinese cemetery property disputes in society and the related folk law,refines its important part of social spontaneity in the rules,and provide the basis for the analysis and solution to the problem of further.With regard to the third chapter,the fourth chapter takes my researches of Xiaoshan village and Jiangkou village for topic materials,to find out the status of the Folk Law and the influences of modern rural property disputes in the cemeteries.In the last chapter,the study rethinks form of Alternative Dispute Resolution to solve the disputations of cemetery in China,suggests that we should reason the national law and the legal intervention capacity that we costs,and finally we going to find out that we have to make use of the various means of social control,improve the diversification of the dispute settlement mechanism(ADR),standard applicable to Folk Law,and the establishment of the case guidance system.