On The Absorption Of Civil Norms By Local Legislation ——Take The Legislation Of Tianshui City And Xiangxi Tujia And Miao Autonomous Prefecture As Examples

Since entering the century,China’s academic circles have paid more attention to the role of the social norms outside the will of the authority.As a result,the study of the functions of social norms in China’s legal circles has become a common practice,especially civil norms,and scholars are focused on these aspects,such as national law and civil norms,local legislation and civil norms,and judicial adjudication and civil norms.While in foreign countries,social norms represented by civil norms have long entered people’s field of vision,comparatively speaking,the study of civil norms in China’s legal circles can be described as "rising stars".In some case law countries,laws are done in the process of extensively collecting,respecting and choosing various civil norms.Legislators are based on acceptable,generalized or widely prevailing customs,which General customs or civil norms became customary or common law by judicial decision.It can be seen that civil norms plays a very important role in formulating and improving laws.For china,civil norms can be regarded as a kind of local legislative resource,local legislation can absorb civil norms and draw nutrition from civil norms,with the help of civil norms to enhance the locality of local legislation,to achieve efficient local governance.From a theoretical point of view,local legislation and civil norms are closely related,and the similarity in content and characteristics provides possibilities for local legislation to absorb civil norms,and realistic basis prove that it is really necessary for local legislation to absorb civil norms.Combined with local practice,local legislation to absorb civil norms also has its inherent necessity and feasibility,which can improve the quality of local legislation,promote the implementation of local legislation.Taking the local legislation of districted cities and autonomous prefectures as the starting point,this paper will focus on a series of important issues in the absorption of civil norms by local legislation.I’ll start from the basic concept and explore the dialectical relationship between civil norms and local legislation.Then,taking Tianshui City and Xiangxi Tujia and Miao Autonomous Prefecture as examples,which is to demonstrate the rationality of the integration of civil norms into local legislation,and try to explore the conditions,procedures and methods for local legislation to learn from and absorb civil norms.On this basis,I will focus on proving how to enhance the locality of local legislation with civil norms.Civil norms can play the due role in all processes from formulation to implementation.