Research On the Legal Legitimacy and Current Situation of Village Regulations from The Perspective of Legal Pluralism

Abstract

With the continuous progress of China's legal construction process, the problem of China's rural legal governance has become increasingly apparent. Based on the perspective of legal pluralism, compared with the top-down laws enacted by the state, the folk law plays the function of law in a broader sense, with more direct mechanism of action and more far-reaching social connection. The folk law needs to be paid attention to, and the folk law needs to be modified and institutionalized. The problems of weak legal consciousness, deviation of legal understanding and low enthusiasm for legal study. As the representative of the folk law, there are obvious deficiencies in the formulation, review, implementation and remedy of written village regulations in rural China. Solving the above problems is a key step in the construction of rural rule of law in China. Based on a full analysis of the importance of the folk law in the context of legal pluralism, this paper takes H village in S Province as an example to affirm the importance of village regulations to the rule of law governance in rural areas. At the same time, it takes H village in S Province as a model to discuss the existing problems of village regulations, to provide a basis for further improving the legal system of village regulations and promoting the rule of law governance in rural areas.