Interaction Between Local Legislation And Folk Norms From The Perspective Of Rule-coordination

China is a unitary country with a vast territory,which can’t complete the systematic project of social governance only relying on national laws and regulations.In order to further give play to the "central and local initiative" and meet the actual needs of local governance,the 2015 "legislative law" was amended to give local legislative power to cities divided into districts.There are many overlaps between local legislation and folk norms in terms of adjusting matters,adjusting scope,and "locality".At the same time,there are many forms of interaction between them as social rules,such as conflict and coordination.Therefore,in the process of promoting the construction of local rule of law,we must face the relationship between folk norms and local legislation,and properly solve it.From the perspective of rule coordination,this paper attempts to clarify the rule relationship between folk norms and local legislation,and realize the rule coordination between them,so as to promote the development of local rule of law.In addition to the introduction and conclusion,this paper is divided into four parts.The first part is to clarify the rule characteristics of folk norms and local legislation.In the academic circles of our country,there is no unified definition of "folk norms" or "folk laws".By comparing the definitions of folk norms by Xie Hui,Liang Zhiping,long Daxuan and other scholars,and by using the conceptual tool of Hayek’s "internal rules",this paper sums up three characteristics of folk norms: spontaneity,abstractness,and independence of purpose.However,through the development of local legislation,this paper makes a conclusion that folk norms have the characteristics of spontaneity,abstraction and independence of purpose Reviewing the history of exhibition,it can be concluded that local legislation has the characteristics of "external rules",that is,constructiveness,purposefulness and definiteness.This is the conceptual premise to explore the interaction between the two rules.The second part is to analyze the interaction between folk norms and local legislation.Folk norms and local legislation belong to the second and third levels in the rule level,and the two adjustment items overlap.In terms of the characteristics of rules,they are complementary.Folk norms are important resources for local legislation to explore legislative facts and highlight local characteristics.Local legislation provides effective support for folk norms.In addition,by reviewing the development process of Lu’s village conventions in the NorthernSong Dynasty,it can be found that the folk norms are often infiltrated by the more powerful national constructive rules in the development process,which leads to conflicts between the two.The complementarity and conflict of rules determine the possibility of interaction between them.The third part discusses two clues of coordination and conflict in the development process of folk norms and local legislation,and conceives the coordination mechanism of the two.In Congjiang County,Guizhou Province,the rules and regulations of the people are recorded in the form of stone tablets,which have been handed down since the Ming and Qing Dynasties.In the process of its development,its state of autonomy is constantly disturbed by the state law,and eventually becomes the dependence and ruling tool of the state law.After the founding of the People’s Republic of China,the status of folk norms experienced a process from negation to affirmation.After the reform and opening up,the value of folk norms has been rediscovered,and through absorption,transformation and other forms,it has an impact on local legislation,and the relationship between them has a coordinated interaction.Based on the above discussion,the interactive path between the folk norms and the local legislation can be cut in from the aspects of the coordination of the content of the rules,the norms of the folk organizations,the enhancement of the recognition of the rules,and the Republic of the rule of law culture.The fourth part discusses the interactive relationship between folk norms and local legislation from the perspective of dual balance.In the process of building the rule of law in China,the relationship between folk norms and local legislation has been treated in a "Hicks improvement" way,that is,to control the value of folk norms with a kind of national legal centralism,and to ignore the independence and value of folk norms.To improve this way,we should not only see the irreversibility of the process of rule of law construction,but also take an open and balanced attitude to position the folk norms.Finally,realize the development of rule of law under the coordination of the two kinds of rules.