Study On The Interactivity Between Folk Law And State Law

Studies on folk Law of domestic scholars has always been a prolonged topic,however,various studying methods are used by different scholars,who make amount of valuable studies from different perspectives.Especially for recent years,the state law has met the unprecedented challenges in the new period of law construction in China,and the folk law makes the state law into a “dilemma” of law construction for it is the obstacle of the state law becoming localized.Speaking of the national legitimate constructions,it “requires to make the rules unified and the national coercion engrossing,the local rules are gradually losing their legitimacy and dispersivity,during the process,and the nation should bring the people's lives into the overall process of state construction with a set of idealization standards for construction.” In the process of the national legitimate constructions,the challenges that the state law meet in the localized “Acquaintance Society” is not hard to imagine.Especially the rural areas of longzhong in Gansu that the author lives in,in terms of the concept of state law,the surrounding villagers in such an environment are still in a confused status about “punishment” and “law”,therefore,using the core rules of localized conducts such as the habits and folkways to deal with neighborhood disputation is a first choice.From another point of view,the northwest region that the author lives in is a remote area that the economic development level is relatively backward,national types are relatively rich and the cultures are diversified.Living in a social environment of ethnic hybrid among the nationalities of Han,Tibetan,Hui,Dongxiang,and Tu,etc.makes the author experience the rational application process of national customs and conventions in solving the disputes in the production and living process.The settlement mechanism of the Tibetan people's contradictions and disputes formed by tribes,monasteries and living Buddhas centering on “eating incantation”,and the mediation mechanism of contradictions in the teachings of the Hui nationality formed by social prestige,which are all the continuation of customs and conventions in ethnic areas under the conditions of national statute law.Based on the ways of formulation and the social functions that it exerts,it is actually a kind of folk law,which makes the process and results of the mediation has the strong characteristics of local places and nationalities.The folk laws in different areas are in the function of maintaining the words and deeds of its members and the order of social life,which coordinates the group interests,and restrains the behaviors of the individuals to reach the stability andintegration of the social groups in order to make it is functionalized in maintaining the stability of the society,and the construction of new legal system in the construction of the state laws.Between them,there is the interaction of specific institutional framework,which is deserved to be discussed and studied.Based on the visiting researches,the author balances and analyzes the rural areas of longzhong in Gansu from the standpoint of pluralism legal.The author tries to start with the rural ethnic areas in longzhong of Gansu and the grass-roots society to find the possibility integration and interaction methods for folk law and state law,and find the ways for corresponding transformation,and put forward the practical suggestions for the localization of state law in the remote rural areas and ethnic areas in northwest China,and the nationalization of the rule of conducts in the Acquaintance Society.