The Confliction And Fusion Of The Farmland Customary Law And The State Law

The decision of the third plenary session of the seventh Party stress the point in particular thatthe state law confers more fully and guaranteed contractual management right to farmers, andkeep the existing land contract relationships stable and unchanged for a long time. Farmland isattached to farmers’ future happiness and social stability in rural areas. The farmland customarylaw is an empirical rule which is germinal in farmers’ production and living, and the rule passedby legislative guidelines, judicial recognition or the effective protection of social organizations,lastly internalized into the folk norms of people’ conscious actions. Now in the new era when thecontemporary socialist legal theoretical system is established initially and the “inclusive rule oflaw is advocated, We believe that research the relationship between the farmland customary lawand the state law is an important topic. This paper takes a perspective of legal Anthropology andlegal Sociology, elaborating and commenting moderately on domestic and foreign status of thestudy.By Describing the farmland customary law definition, characteristic and manifestation,reflecting the functions of property rights definity, cultural heritage and the order maintaining..As a traditional society development stage production, the farmland customary law historicalevolution is a respond to the specific background, which gives an expression on people’ needs offarmland rules in different periods. In the transition time to combine the farmland customary lawand the state law, discover the farmland customary law contemporary value is an important pointto Chinese farmland legal construction. The paper describe the performance of conflicts over thefarmland customary law and the state law from farmland’ property, circulation, utilization in threefields, and the root cause from cultural background, source of law, way of dispute resolution inthree dimensions. This paper argues that the inclusive attitude and the positive energy provide thepossibility for their fusions. Therefore, we should treat seriously to the farmland customary law,and then, the paper could mainly expound the method in legislation, judiciary,community areasto seek the harmonious route to reach the aim of adjusting the conflict.