A Study Of Folk Law Under The National Governance

Village regulation,as an important folk norm adjusting the social order in folk society,has existed since ancient times.In the contemporary China,village regulation presents as an important carrier of the grassroots democratic system.Therefore,the research of village regulation plays an important role in seeking for a harmonious picture of the contemporary Chinese legal environment.Through the field survey and interviews,this article describes the value proposition and problem of village regulation in the context of a country governed by law,analyzes the conflicts between the village regulations and national law and proposes reasonable solutions.This article is divided into six chapters to specifically discuss the village regulation under the national governance.The first chapter states the definition and the analysis of the related concepts of village regulations,presenting the definition of village regulations in this article,meanwhile,distinguishing it from the definitions folk law,policy and law.The chapter two discusses the legal basis of village regulations,through the analysis of village regulations' origin,nature,classification and the existing legal basis so as to provider theoretical support for the existence of village regulation under the national governance.In the chapter three,the author studies the legal practice of village regulation under the national governance.Via field surveys of the running of village regulation in the rural community,the author expounds how the village regulation agrees with the national law on the aspects of rights,the main body of the rule of law and methods of punishment,providing practical support for the existence of village regulation under the current national governance.The chapter four raises the problems in the current village regulation under the background of a country ruled by law.On the basis of their agreement discussed in the chapter three,the author broaches,in this chapter,that there are still conflicts between village regulation and national law.The fifth chapter dissects the problems of village regulation in the current legal society.The last chapter describes how to seek the path of future development for village regulation in the context of national governance ruled of law.