Research On The Dilemma And Countermeasures Of Customary Law In Grassroots Governanc

Along with the gradual improvement of the national governance system,the process of modernization of governance capacity is accelerating,the demand for grassroots governance is increasing,and the requirements for grassroots governance are also increasing.As an indispensable part of grassroots governance,customary law can meet the needs of governance to a certain extent when applied in practice,but it also shows certain defects.This paper takes village S of Y city in Yunnan province as the investigation point,from the perspective of law and sociology of law,with the help of widely reviewed literature and existing research results,and through actual interviews,visits to the countryside and special visits during the field survey,we obtain first-hand materials closely related to the research problem.In addition,we use the actual cases we encountered in the research as support to explore the difficulties faced by customary law in grassroots governance and its causes.Accordingly,the article consists of the following four parts,in addition to the introduction and conclusion.The first part defines customary law.Customary law is a system of written or unwritten behavioral norms that are independent of the national law,prevailing at the grassroots level of society in a certain region and with a certain degree of binding force,and generally observed by members.The second part discusses the value basis of customary law in grassroots governance,emphasizes the positive functions and values of customary law,solidifies the social foundation of state law,and tries to resolve conflicts at the grassroots level.The third part analyzes the problems of customary law in grassroots governance and the reasons for them.It provides a theoretical and practical basis for the subsequent discussion of the dilemmas faced by customary law in grassroots governance,such as the lack of normative identification criteria,relatively single means of governance,and conflicts with the provisions of national law,in order to better apply customary law to grassroots governance.The fourth part proposes countermeasures to improve the application of customary law in grassroots governance based on the previous paper.The development trend of customary law in grassroots governance should be taken as a starting point to further strengthen the benign interaction between customary law and national law,to guarantee the effective implementation of customary law in grassroots governance by drawing on the mediation method of customary law,and to establish criteria for identifying customary law.