Folk Customs In Local Legislation In My Country

How does local legislation treat folk customs? The Nineteenth National Congress of the Communist Party of China put forward the idea of "building a pattern of social governance of co-construction,co-governance and sharing".Its essence is to pursue the pluralistic Co-governance of society,including the pluralistic norms of social governance.As the local legislation and folk custom in the normative system of local governance,they are in accordance with each other in purpose,space and origin.Local legislation and folk customs have theoretical and practical basis for interactive communication.This paper investigates the history and current situation of folk customs in local legislation in China,analyses the problems existing between them in contemporary China and the characteristics of local legislation treating folk customs in Qing Dynasty.From history to reality,this paper explores the positive interaction between local legislation and folk customs from four aspects: unity,difference,innovation and process.This article is divided into five parts,mainly based on the local laws and regulations of contemporary China,and based on the local legal literature of the Qing Dynasty,to explore the possibility and path of interaction between local legislation and folk customs.The first part clarifies the main "what" and clarifies the meaning and relevant theories of local legislation and folk customs within the framework of the local governance normative system.The second part focuses on "why",that is,the necessity of interaction between local legislation and folk customs,as well as the legal basis and practical needs.From the target,space and origin of the local legislative power,this paper demonstrates the compatibility between the folk custom and the local legislation.The third part is the investigation and analysis of the current situation of the existing folk customs in contemporary Chinese local legislation.On the basis of data statistics,it typically analyses the specific content of the folk customs in the local legislation,and takes the reform legislation of local funeral and burial as an example to discuss the ways and problems of the contemporary Chinese local legislation in dealing with the folk customs.The fourth part outlines the constitution of local legal order in Qing Dynasty,and makes an empirical investigation on the local legal documents in Qing Dynasty.It analyses the ways and characteristics of local legislation treating folk customs in Qing Dynasty,and explores the historical context of their interaction.The fifth part answers "how to do" on the basis of the first two parts of reality and history,that is,how to deal with folk habits in local legislation.From the four aspects of unity,difference,innovation and process,this paper puts forward the author's thoughts and suggestions on the construction of the interactive relationship between local legislation and folk habits.