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Reasonable Interaction between the Folk Law and National Law in the Process of Building Modern Rule by Law

Author: ChengXiaoLei
Tutor: LiZhenJiang
School: Henan University
Course: Legal Theory
Keywords: Folk Law Constitutional law Interactive Judicial reform
CLC: D90
Type: Master's thesis
Year: 2010
Downloads: 126
Quote: 0
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Abstract


For research and study of civil law , is one of the hotspots in recent years scholars . The reason is that civil law is rooted in Chinese traditional legal culture strong , and with the various historical periods of a national statute , regulation of the social relations become important specification. Legal system in China to promote the process of modernization , civil law as the most important \On the one hand , the state -push model makes modern legal framework shape our legal system , but in the evolving social reality, the rule of law in the Western state of law under the guidance of thinking of the road , walking difficult and tortuous , countries have developed France inability of society to conduct a comprehensive and effective regulation, which forces us to look for other paths to be filled , and on behalf of \On the other hand , academics and practitioners of folk knowledge of law , but no consensus , advocating \\China 's legal process of modernization and the rule of law - in China this particular context, especially in the late 20th century - and China 's judicial reform go hand in hand . How to correctly view and use of civil law , civil law and state law to achieve a reasonable interaction , has become an important topic in this process . With the deepening of reform , \Judicial reform and practices adhere to the \In a certain sense , these are related to how to deal with \Accurately weigh the State Law and Folk Law in China's legal system and the rule of law on the balance severity , and uphold one kind of a consistent path in the national law under the auspices of the appropriate role of civil law to the effect that steady progress in judicial reform, to achieve legal modernization and the construction of the rule of law States are urgently needed.

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CLC: > Political, legal > Legal > Theory of law (Law)
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