Research On Folk Law In Rural Governanc

In the report of the 19 th National Congress of the Communist Party of China,the strategy of Rural Revitalization was clearly put forward.Among them,rural civilization and effective governance are the important goals of Rural Revitalization.In order to realize the rural civilization and effective governance,it is necessary to carry out the reform of changing customs and the construction of modern governance.The traditional rural order in China depends on the spontaneous,endogenous and ethical folk law.The folk law here includes:customs,village rules,clan rules,religious etiquette,industry habits,etc.The goal of modern rural governance is to establish a rural governance system that combines autonomy,rule of law and rule of virtue,and multiple subjects participate in CO governance.In the reform of changing customs and promoting the modernization of rural governance,the national law,which represents the advanced way of governance,will inevitably conflict with the folk law that maintains the traditional rural governance.However,according to the theory of legal pluralism and the theory of local resources,the conflict between state law and folk law in rural society does not necessarily result in the fact that state law completely replaces folk law as an effective means to govern rural society,nor does it mean that folk law still grows independently and savagely in rural society.In rural society,the two will eventually be in a state of conflict and integration,and jointly maintain the harmony and stability of rural society.This paper will study how folk law and state law interact in rural society through the conflict and solution between marriage and funeral customs and state law in Shangdang area.The text of the article includes four parts: the first part is theoretical research and theoretical analysis.Through the previous studies of scholars on Rural Governance and folk law,this paper will define the concept of folk law,compare China's traditional rural governance concepts with modern rural governance concepts,and then explain how folk law can continue to play its value in modern rural governance.The second part is the practice analysis.Through the author's own understanding of the marriage and burial customs in Shangdang area and the visit and investigation to some villages,on the basis of introducing the content of the marriage and burial customs in Shangdang area,the author expounds the specific manifestations of the conflict between marriage and burial customs and national laws in the practice of changing customs in Shangdang area.The third part analyzes the causes of the conflict between marriage and burial customs and national laws in Shangdang area,and puts forward some suggestions to solve it.The fourth part expounds how to realize the interaction between folk law and national law in rural governance,including the premise and path of the interaction.Finally,through the conclusion,the core points of this paper are summarized.