Contemporary Chinese Folk Norms And National Law Between The Cultural Conflict Current Situation,Cause And Outlet

The opium war in 1840 marked the beginning of modern Chinese history.This means that China entered the modern society exactly 200 years later than the west(the mark of the world history entering the modern history is the British bourgeois revolution of 1640).With the expansion of western colonization,western civilization has exerted great impact on local social culture everywhere.For these native societies,their original "pastoral scenery" has gone forever,and they have to be carried by the historical tide into a so-called "modernization" process.The western modernization is the primary modernization,while the non-western modernization is the late modernization.China's path to modernization is clearly the latter.Various conflicts in the field of legal culture fill the long history of China's legal modernization.The most prominent one is the cultural conflict between folk norms and national laws.The so-called cultural conflict in this paper refers to the conflict hidden behind a certain norm,or the value,purpose,meaning and other aspects embodied by the norm itself.Through a simple investigation of the history and current situation of China's legal modernization,and a comparative analysis of the propositions of tradition and modernity,locality and city,particularism and universalism,substantive justice and procedural justice,this paper reveals that cultural conflict is the fundamental cause of the conflict between folk norms and national laws.Cultural conflict has its own multi-level manifestation.For example,there are a large number of legal transplants in the modernization of our legal system.Such transplanted laws inevitably reflect various values in the modernization process of the west,and there are many conflicts between these values and our inherent cultural resources.With the deepening of the market economy,the modern industrial and commercial economy is bound to readjust and construct the traditional social structure,and the original natural economy is not willing to quit the historical stage,and this dual game will exist for a long time.Finally,there are inevitable conflicts and contradictions between the polycentric order contained in modern society and the traditional centralized governance model.It is logical to find out the causes of the cultural conflict between folk norms and national laws and propose the way to solve this conflict.It's necessary to expand the scope and depth of the participation of non-governmental organizations and forces,and fully absorb multiple rules to participate in the creation and practice of law,both in the formation and operation of law.In addition,to find a reasonable frame of reference and dialectically look at the value reflected behind folk norms and national laws is not only an arbitrary choice because of the form of law,but also an important theoretical task and the fundamental way to solve the conflict.Finally,to construct a set of mechanism to resolve the conflict between civil norms and national laws is the ultimate destination of all solutions.