In the context of legal pluralism,some scholars put forward that national law cannot mean all laws,and it should be recognized that there are a large number of other forms of laws outside the constitutional law,such as folk law.Although the folk law has a long history in China,the research on the folk law is still in the primary stage.Folk law originated from folk rural society,relied on folk autonomy,and acted on specific groups and regions.It is an important norm to adjust rural social order and an important tool to make up for the deficiency of national law.In the special period of social transformation,the development of folk law is in a dilemma because of its limitations,institutional defects,ideological constraints and conflicts with national law,and the development prospect of folk law is not optimistic.Therefore,we shoud start from the ideology,system,and the root of the civil law,and try to find the root cause of the problems faced by the development of folk law and explore the way of the development of folk law. |