中国法律多元理论研究的启示及困惑-AtlantisPress.PDF

Advances in Social Science, Education and Humanities Research, volume 215 3rd International Conference on Modern Management, Education Technology, and Social Science (MMETSS 2018) The Enlightenments and Perplexities of Research on Legal Pluralism Theory in China Qu Yanhong Inner Mongolia University, Saihan district, Hohhot, Inner Mongolia, China Mudanjiang Normal University, Aimin district, Mudanjiang, Heilongjiang, China Email:july7911@126.com *Corresponding author: Qu Yanhong Keywords: Legal pluralism, Enlightenment, Perplexity, China. Abstract. Legal pluralism theory is the core proposition of social science research on law. Different disciplines have demonstrated legal pluralism with their unique disciplinary perspectives and research methods. In general, although legal pluralism still has some theoretical dilemmas, the empirical research method of the social science path (anthropology and sociology) and its basic conclusion “legal pluralism refers to the interaction between the non-national law system and the national law system” have the significance of breaking the barriers of discipline and exploring the substantive rationality of law. Nowadays, Chinese society is at a stage where traditional ritual-law has been or is being lost, while the modern rule of law has not yet been established. The theory of legal pluralism has considerable enlightening effect for understanding and treating correctly the multiple social control methods and their symbiotic interaction with national law in China, however, the current research on legal pluralism also faces some perplexities.