Research On The Problem Of Law Avoidance Under Multiple Laws

The law itself responds to changing social facts by the same rules and tries to approach the ideal of the rule of law with such rules.However,this is the ideal state of law and the rule of law.The unique stability of law enables it to become the standard of judgment and code of conduct for ordinary people in social life.In addition,language expression is limited,so the formulation of laws will be more or less lax in language.In real life,laws formed by such lax language lead many parties to by pass these laws for various reasons,which leads to the social phenomenon of law avoidance.This makes the special legal terms in the field of international law appear in the field of domestic law with increasing frequency.This paper mainly identifies the phenomenon of legal circumvention,and analyzes the causes of this phenomenon,and finally puts forward my own views on the solution.This paper mainly analyzes and solves the phenomenon of legal circumvention from four aspects.Firstly,the author introduces legal pluralism and defines legal circumvention in domestic law from the traditional legal circumvention in the field of international law.This paper sorts out the characteristics of legal circumvention,and explains and analyzes the universality of legal circumvention in contemporary China through two cases.There are also specific problems associated with legal circumvention.Secondly,this paper analyzes the evasion of law in Chinese society long-standing specific reasons,such as the impact of traditional culture and conflict between folk law and national mandatory law,law degree of their own development,to make a objective evaluation of evasion of law behavior,admitted the existence of rationality and points out its negative impact on the authority of law.Thirdly,through a deep understanding of Chinese traditional culture,the author also found the reasons why Chinese traditional legal culture has an impact on the "essence" of legal avoidance.Finally,it analyzes the influence of this traditional culture on contemporary law.Finally,by analyzing some defects of the enactment law,the author puts forward Suggestions for the enactment law,and provides diversified and benign interactive solutions for the solution of legal evasion.