Research On Folk Norm In China’s Experimental Local Legislation

Exploring the relationship between experimental local legislation and folk norms can not only prove the general theory of the relationship between national legislation and folk norms at the local level,but also provide advice for the future development of experimental local legislation and folk norms considering the particularity of experimental local legislation referred to.The particularity of experimental local legislation is: on the one hand,it is national.In terms of legislative content,it involves matters on a national scale,and even matters involving the country’s participation in global governance.In terms of legislative power,the basis is that the authorization decisions of the National People’s Congress and its Standing Committee are an extension of the state’s legislative power at the local level;on the other hand,it is local.In terms of legal provisions,the provisions of the Legislation Law on my country’s experimental local legislation are mainly concentrated in Chapter IV,the scope of local legislation.In terms of legislative basis,legislation should be carried out according to local actual conditions and actual needs.In terms of the scope of application,the laws formulated by the experimental localities are limited to be implemented within the localities.It is precisely because of the dual nature of national and local experimental local legislation that it is listed separately for discussion.Therefore,this paper studies the folk norms in my country’s experimental local legislation.The specific text follows the following logic:First,the experimental local legislation and folk norms are respectively outlined.On the one hand,in the existing classification of local legislation,try to clarify the concept of experimental local legislation,and further point out that the main form of my country’s experimental local legislation is the legislation of special economic zones;Definition is the sum of contemporary behavioral norms that are generally recognized by social subjects and are formed through practice outside of national law.Secondly,from the perspective of what should be,it is proposed that experimental local legislation should pay attention to folk norms,and according to the logic of "why should pay attention-what is the meaning of paying attention-how should it be paid attention",it is analyzed from the reasons,meanings and methods of paying attention.Thirdly,from the perspective of reality,by reading the 35 special zone regulations of Hainan Special Economic Zone,looking for and analyzing the folk norms in the legislation,it is concluded that the experimental local legislation does not pay attention to the folk norms.on this basis,from the subjective and objective levels Analyze possible reasons for this conclusion.Finally,the analysis of the two corresponding perspectives yields conflicting views.Therefore,in view of the problem of how to go from what is to what should be,this paper discusses from two aspects: principle and path.On the one hand,it sorts out the principles that should be followed by experimental local legislation that attaches importance to private norms,mainly the principle of cooperative governance and the principle of limited integration safeguard mechanism.