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Web of Proceedings - Francis Academic Press

Brief Discussion on the Path Analysis of the Interaction Study between Folk Law and National Law

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DOI: 10.25236/iwmecs.2019.069

Author(s)

Yu Liao

Corresponding Author

Yu Liao

Abstract

In the process of constructing the cause of socialism with Chinese characteristics, China vigorously presses forward to rule the country by law and promotes legal construction in all aspects of production and life, which has achieved a groundbreaking construction in the new era, especially for the continuous improvement in the legal system. However, in the process of boosting the legal construction constantly, it has also recognized that the normalization of law has not achieved considerable results. In particular, there are many irregularities in the implementation and operation of the law, which seriously affect the effect of the normative operation of the law, highlighting in the universal existence of legal circumventions. Based on the above analysis, fundamentally speaking, the legal construction cannot achieve a fundamental fit with China's social development, so it is very important that whether it can be consistent with the development of China's social productive forces and the realization of comprehensive and innovative development for Chinese society, especially whether it can be combined with the continuous innovation and progress of people's life. If a society wants to achieve the positive operation and the harmonious development in the end, it is fundamentally inseparable from the constraints and norms of the law, and as long as there is a society, there is a law, so that it can be fully seen that there is a close relationship between law and society. From the perspective of society, there is a conventional folk law. Therefore, in order to promote the favorable interaction between folk law and national law, it is of practical significance to strictly combine with the national conditions and explore a variety of innovative paths under the premise of respecting the legal pluralism theory and from the level of constructing legal system and implementing judicial practice, so as to promote the positive interaction between national law and folk law, and to play a necessary role in promoting the construction of a harmonious socialist society.

Keywords

Folk law, National law, Interaction path