A Study On The Interaction Of Civil Law And National Law From The Perspective Of Laws

Since 1980,the achievements of China's legal system construction have attracted worldwide attention.The legal system has basically been formed,and the legal regulations are becoming more and more perfect.This has provided a strong backing for China to vigorously develop economic construction and build a country ruled by law.But it cannot be ignored that China is also facing unprecedented challenges in the process of building the rule of law.Due to the shortcomings of the national law itself and objective reasons such as insufficient supply,excessive cost,and poor path,a large number of circumvention of national laws have emerged in life The behavior of the law is not as satisfactory as expected,and the phenomenon of "water and soil disobedience" occurs frequently,and social disputes are difficult to be resolved smoothly.So people began to reflect on whether the transplanted laws and the rule of law are applicable to our social foundation and real environment.In this context,focusing on the actual legal provisions and judicial practice,people have noticed that the legal system of any society is not one-dimensional,but pluralistic.In addition to national laws,other forms of social norms exist.The role of solving disputes and maintaining the stability of social order is a folk law formed spontaneously by people in the process of long-term life communication.Folk law emphasizes the specific life of people living under the operation of the legal system.It has the consistency of purpose and the consistency of social values pursued by the national law.As a "local resource",it has been concerned by many legal scholars.Therefore,it is of great benefit to the ongoing construction of the rule of law in China to focus on studying the interaction between folk law and national law.As a way of social control different from law,folk law profoundly affects the operation of state law.It should be noted that on the one hand,we must fully recognize the positive significance of civil law in order construction,dispute resolution,and promotion of the construction of the rule of law,and treat civil law rationally and objectively,and we cannot accept it in its entirety or even negate it completely.The development of law leaves relative space,give full play to its role,make use of the advantages of civil law to make up for the deficiencies of national law,and thus exert the power of local resources of civil law;The advantage of dominant position promotes the development and change of civil law,and then properly handles the non-benign factors that conflict with the existing national law,and promotes the gradual integration of civil law and national law in the process of rule of law practice,making national law more effective basis.In the process of social transformation in contemporary China,the author believes that it is necessary to put civil law in the context of building a socialist country ruled by law with Chinese characteristics,in a specific social relationship,and focus on the effectiveness of civil law in implementing national law.The relationship between folk law and state law makes rational logical thinking.This article cuts through the perspective of legal pluralism,takes legal pluralism as the basis of legal principles,and after clarifying the definitions of related concepts such as folk law and national law,taking the example of many disputes concerning the return of gifts and gifts in today's society,using empirical and case analysis Observe the specific practice of the grassroots people's courts in handling marriage contract property disputes,through the typed case analysis of the wedding ceremony disputes,study the current status of civil law conflicts with national laws in dispute resolution,and analyze the performance of civil laws in conflict with national laws in legislation and justice,Combined with the analysis of the cause of the conflict,further proposed an operable interactive path for the realization of the benign interaction between the two.Folk law and state law make full use of their different advantages and favorable conditions.In the process of interaction,they can become an alternative resource for the rule of law in China,and provide a good theoretical and practical basis for the future development of the rule of law and system construction in China.