On The Integration Of Folk Norms And Local Legislation

The Nineteenth National Congress of the Communist Party of China proposed to create a “multiple social governance pattern of joint construction,co-governance and sharing”,emphasizing that social governance should be“multiple co-governance”.In this context,how to deal with the relationship between folk norms and local legislation? Folk norms and local legislation are both important norms of local social governance,and they should be promoted to achieve integration and interaction on the basis of harmonious coexistence.Because integration is the need to enhance the characteristics of local legislation,to consolidate the foundation of local legislation,to save local legislation costs,but also to enhance the effectiveness and rationality of folk norms.The folk norms and local legislation also have the possibility of integration.The combination of the original intention,content and potential provides the possibility for the integration of the two.The alienation in the formation mechanism,development mechanism and punishment means provides space forthe integration of the two.And this alienation can be reconciled,that is,the factors that the two cannot be merged can be eliminated.Integration requires the two parties to work together on the basis of mutual recognition,but in the current special context,local legislation should be the main factor to absorb and guide the folk norms to promote the integration of the two.From a practical point of view,local legislation has not fully exerted its rational role in construction to promote the integration of the two.On the one hand,the local legislation failed to highlight the local characteristics through the folk norms;on the other hand,the local legislation lacked operability to guide the folk norms.The reason for this situation is that it is hindered by the concept of “national law centralism” from the perspective of legislation.This concept makes the legislature ignore the role of folk norms and erase the premise of the integration and interaction of folk norms and local legislation;from legislation In terms of power,the unclear power of local legislation has led local legislatures to adopt legislative conservatism against the principle of“non-resistance”.They do not want or even dare to pay too much attention to such places as civil norms.From the perspective of security mechanisms,At present,there is a lack of corresponding procedural guarantee mechanisms,so that the local legislation’s absorption and guidance of folk norms is still relatively arbitrary,hindering the integration of the two.In order to promote the integration of folk norms and local legislation,it is necessary to change the concept of legislation,clarify the limits and direction of integration,andestablish and improve a process guarantee mechanism.