对民间法分析的质疑-法理学专业论文.docxVIP

1 1 2 2 Abstract Compared with the present study of Folk law which put weight on Folk law itself and its function, this paper mainly analyses the research achievement of the present study of Folk law. To judge from the fundamental key, the research in this paper is reflective, emphasizing on the insufficient of concept, nature, and function in present study of Folk law. The purpose of this article lies in asking for rational treatment to Folk law, realizing existing weaknesses and analysing reasons, while approving the function of Folk law at the same time. Even though folk criterions have certain values, there is no need to lift them up to the height as laws, just to demonstrate their importance. Scholars of Folk law should be aware of conditionality of theory in the past, change research model, and evaluate Folk law in a proper way. The introduction of this paper mainly discusses the following three questions：First, the reason why so many scholars pay attention to the study of Folk law, the acquired achievement and existing weaknesses in the past study; Second, the main purpose of this article; and third, the significance of this articles reflexion on the study of Folk law. The first part introduces the situation of the recent study of Folk law, the beginning and the reason of Folk laws bloom, and also the obtained achievement. The second part, in order to realize Folk law clearly and treat it properly, the author differentiates and analyses the weaknesses of the present study of Fork law in three parts:：the conception, the nature and the function. Firstly, the confusion of the concept is discussed, in order to get a clearer concept about Folk law, the concepts of Constitutional law and Natural law are studied. Secondly, the nature of Folk law is discussed, the author point out that Folk law is one of the social norms, but its operation mechanism is different from that of law, so theres no need to call it law. Lastly, concerning the wrong notion overstating the po