Folk Law And State Law Supplementary Research In China's Transformation

In recent years, the folk law research has increasingly received attention day by day; scholars have conducted much valuable research by different methods from different points of view. The folk law has attracted widespread attention because of the difficult position the Chinese government is facing. The law construction of China 'is required to achieve the regular unification and the national compelling force monopoly, the local rule loses its legitimacy and the dispersive gradually in this process, the country must lead the whole population by a set of idealized construction standard in the overall advancement. However, in this process, the national law entered the folk society actually meeting a great resistance. In the northwestern countryside area, people still solve the realistic problems by so-called "the folk law", such as customs,traditions and so on. However, national law, because of its distance from people's actual need, is blocked in the way, causing people always sighing that the national law is not easy to use, merely pausing on paper surface. The folk law and the national law both have contradiction and cooperation.This paper is based on the legal pluralism standpoint, and utilizes many kinds of methods attempting to analyze the existing social basis in the northwestern countryside area and the conflict between state law and the folk law. It attempts to find a way of transforming between them. It also provides the theory basis for the law construction in the northwestern countryside area.This article is divided into five parts as follows:The first part is to introduce the folk law, its implication and the origin, as well as the development of it in the northwestern countryside area.The second part analyses the social basis of the folk law in the northwestern countryside area through the traditional small peasant economy, agricultural culture.The third part takes the public authority and the folk law relations as a breakthrough point, and makes the related elaboration of the social foundation in the northwestern countryside area.The fourth part elaborates the conflict between the state law and the folk law in the northwestern countryside area, as well as the negative effects.The fifth part of this paper combines the above analyses, and concludes that our country must accomplish the modernization of the folk law in our country and carry on the discussion on a moral and popular basis.