论民间法与国家法的冲突与协调（On the conflict and coordination between folk law and state law）.docVIP

论民间法与国家法的冲突与协调（On the conflict and coordination between folk law and state law） On the conflict and coordination between folk law and state law This article source: paper / Abstract: the state law is developed from the folk law, as the country joined the folk law and national law, and had appeared, conflict and integration, interaction. The relation between the state law and the folk law is not one-way, and the two are interactive. The national law falls into its root by folk law; in fact, folk law borrows state law while Xian Qihua is strong. But there are many conflicts in the judicial practice. This paper analyzes the problem and puts forward the ways to promote the coordination between folk law and state law. Folk law; national law; conflict; coordination First, the theoretical basis and definition of folk law and state law (1) folk law has given various names to folk law, sociologists, anthropologists and jurists. When the attention of its authority origin or jurisdiction, it is called the non national law, non official law, peoples law, local law, tribal law, and so on; when the concern of cultural origin, it was known as customary law, folk law etc.. Mr. Liang Zhiping thinks that in the traditional vocabulary of China, civil is opposite to official, so it can be distinguished from folk law in the absence of national law. He believes that national law can be generally understood as a national institution specific formulation, promulgation and implementation of the top-down law, and civil law refers to a kind of such traditional knowledge, it was born in the folk, but out of habit by villagers long to live, work, communication and conflict of interest in the show, which is spontaneous and rich local color. The representative idea is that folk law is customary law. Mr. Wang Xuehui said: folk law should refer to the common law enacted by the state and the customary law outside the law.. According to Mr. Zhou Yong, customary law is a sum of acts that are enforced