Analysis On The Coordination And Conflicts Between State Law And Nongovernmental Law

The existence and development of folk law has gradually attracted attention in the process of China's accelerating legal society.As an informal law,it echoes the formal state law.Folk law was born in the civil society and grew older than the people.It conflicts with the existing state law and conflicts with each other.It also coordinates and cooperates with each other.In our actual social life,our country's national laws and folk laws also coexist in conflict and coordination.With the gradual improvement of our country's rule of law society,the gradual acceleration of social transformation,and the continuous improvement of the state law,we have exposed some deficiencies,such as lagging behind,over-rationalization,and so on.These are the drawbacks that cannot be ignored.The legal experts and scholars gradually turned their attention from the study of the West to the analysis of the domestic folk law.They endeavored to use the advantages of the limited folk law to make up for the deficiencies of the national law while seeking a wealth of local resources.The folk law in ancient China was rooted in a strong rural society.Although many contents have changed with the continuous development of society,the living environment of folk law has not changed.With the transformation of the social model and the change of political power,the folk law has undergone qualitative changes,with new connotations.Along with the growing interest of Chinese law experts in national law and folk law since the 1990 s,this article has also attempted to provide a brief discussion of the definition and scope of validity of the folk law,and to study the coordination and conflict between the national law and the folk law.Based on the standpoint of a generalized approach,this paper uses comparative analysis,literature analysis,and layers of promotion to try to analyze the relationship and coordination between state law and folk law and try to analyze and resolve the conflict between the two.Although the conflict between the national law and the folk law is more complex than the coordination,the purpose of studying the conflict between the two is to strive to efficiently and effectively improve the socialist rule of law in China,and to coordinate the national law and the folk law must be for the future of our country.The development of the rule of law and the construction of the system provide a good theoretical and practical basis.National law and civil law can be coordinated with each other in this way,partly because of the consistency of the two goals and the consistency of the pursuit of social values.The rich experience of the folk law is incorporated into the national law,and the national law is in the society.The implementation has played a good role in promoting.We must rationally and objectively treat the folk law.We must not accept it completely or deny it altogether.We must leave room for the development of folk law in certain regions and time.This is also where the original intention of the coordination between the national law and the folk law is.The folk law rooted in social life has its inherent characteristics of regionalism,spontaneity and ambiguity because of its living environment,but it has certain rationality to survive for so long.In a sense,the folk law is the source of the national law and the basis of the national law.To a certain extent,the folk law can also make up for the inadequacies of the national law.At the same time,the national law can also absorb the beneficial components of the folk law.Therefore,the continuous improvement of the development of the national law,the emergence of a mediation mechanism is a good example.Finally,the author further elaborated the harmonization of the national law and the folk law from the aspects of legislation,justice,law enforcement,and law enforcement.Numerous historical experiences tell us that the soundness of China's rule of law society depends not only on the government's state power,but also on the strength of the local resources of the folk law.It is imperative to promote the construction of the national law without neglecting the important role of the folk law.It will help promote the progress of the rule of law in our country.