A Study On No-governmental Norms In Grassroots Governance

Norm is the unity of thinking structure and social phenomenon.The mission of legal science is to explain legal phenomena,which is not only limited to the logical relationship within the system,but also to place legal norms in the social reality,that is,to combine norms and facts into normal-logical relations.At present,the academic research on the folk norms in grassroots governance mainly belongs to the category of law and sociology in a broad sense,that is,it is mainly carried out at the level of empirical facts and ignores the normative positioning of folk norms,which leads to the failure of folk norms to play a full role in grassroots governance.As an indispensable institutional supply for grassroots governance,folk norms are far from enough to be studied at the sociological level,and they also need to be demonstrated at the normative level,which inevitably involves the discussion of the philosophy of law.Therefore,it is a more appropriate response to the positioning of folk norms to place them in the perspective of normative jurisprudence.The development of grass-roots governance shows a shift of focus from "state" to "society",a renewal of concept from "management" to "governance",and an upgrade of model from "one governance" to "multi governance".As one of the institutional supply of grass-roots governance,the formation of the endogenous type fits the "Grass-roots",the exogenous type follows the "governance",and conforms to the development logic of grass-roots governance.As the three-dimensional elements of grass-roots governance,system,power and consciousness cooperate with each other and play the role of premise,core and foundation respectively.However,there are three problems in the grass-roots governance: the embedded system,the lack of mutual effectiveness of norms,and the suspension of folk norms.Putting folk norms in the perspective of normative law is the internal requirement of multiple grass-roots governance models and policy design oriented by governance of folk biochemistry.Normative law conforms to the contractual nature of folk norms,and its core categories "habits" and "recognition rules" correspond to the practicality and standardization of folk norms respectively.From the perspective of normative law,we should reflect on the source approach of folk norms.In fact,the source approach belongs to the perspective of Sociology of law,showing systematic characteristics.However,this systematic nature is systematic in the sense of communication and system,not normative in theory.Therefore,under this mode,folk norms present the conceptual conflict,social facts and institutional facts of folk law and folk norms The confusion of statement,the confusion of proposition and causality,etc.Therefore,in the perspective of normative law,the theory of folk norms should be promoted and the normative position of folk norms should be given.On the basis of theoretical improvement,we should return to practice,promote the transformation of modern value of folk norms,improve the three-tier governance system of central legislation,local legislation and folk norms,and the role of folk norms in preventing and resolving grass-roots disputes as a whole as possible.