Study On The Judicial Application Of Village Rules And Folk Contracts Under The Background Of Rural Governance

The village rules and regulations are based on certain regional and cultural premise,fully respect the autonomy of villagers’ will,formulate by the villagers through consultation,complement the national law,and rely on the non-state compulsory force to guarantee the implementation of the code of conduct.The village rules and regulations can be traced back to the Zhou Dynasty and have a long history and culture.As an important means of rural governance in China,they have made beneficial contributions to maintaining the stability of rural social order and grass-roots autonomy.However,there are still some problems in the application of village rules and conventions in the judicial practice when they enter the modern society ruled by law.This paper analyzes this problem in six parts.Part Ⅰ: Firstly,in the introduction part,the research background and significance of the judicial application of village rules and folk contracts are elaborated,and then the research status at home and abroad is briefly summarized,and the research content and research methods are discussed.The second part: analyzes the definition,nature,characteristics and functions of the village regulations and civil contracts.Firstly,it analyzes the different views on the definition of village rules and conventions in the academic circles,and then puts forward the author’s views.Secondly,it analyzes the nature of the village regulations and the folk law and the nature of the supplement to the national law.Thirdly,it analyzes the obligatory,regional,spontaneous and other characteristics of the village regulations and contracts to further understand the village regulations and contracts.Finally,the paper analyzes the functions of the village rules and regulations on the inheritance of traditional culture,management constraints on villagers,maintenance of rural social order,and making up for the gaps in the national law,hoping to contribute to the overall understanding.The third part: Carry on the case retrieval,obtain the relevant data,and select each type of representative cases,in order to analyze the problems and the causes of the problems in the current judicial application of the village regulations and folk contract.The fourth and fifth parts,from the analysis of the cases,found that the general rule of the cases related to village regulations and folk contracts in China is more in the south than in the north,which is related to regional culture,customs and other characteristics.At the same time,there are also some problems,such as conflicts with the existing laws and regulations,unclear judicial application,and disputes in judicial review.The nature of these problems lies in the existence of certain conflicts between national law and folk law.Folk law has absorbed a large number of customs and habits,while national law represents the modern rule of law.The collision between tradition and modernity inevitably produces conflicts,but the conflicts are not irremediable.In addition,there are other reasons such as the limitation of judicial power and the personal factors of judges.The limited judicial power limits the judicial review of the village rules and conventions.Judges,based on the consideration of career development and assessment,have no clear attitude in the face of relevant cases,and villagers can not solve their doubts when they have disputes.The sixth part mainly analyzes the problems and difficulties encountered in the application of the village rules and regulations in the current judicial practice,and the laws and regulations related to the village rules and regulations should be improved.Make the main body clear,improve the process and content of making;Make clear the judicial application of village rules and conventions;Establishing and improving the judicial review system of village rules and folk contracts.It is hoped that these methods can solve the problems encountered in the judicial application of village regulations and folk contracts.