The main problem in the research of law sociology is the functional realization of the law in society and how the laws in society are running。If you further analyze the problem of sociological research on the perspective of national and social relations,So when national law has come into effect,French Sociology researchers are more concerned about how the law played the function in what society and the situation in the law in different society。and the functions of investigating the law and the operation of the law in the rural society will be discovered,Constructing autonomy、rule of law、The governance system of the "Three Governance" governance system of Dezhi provides new practical theories for legal sociology research。
From the perspective of sociology,Social life exists in various social specifications including law,How to live in harmony between various specifications、Jointly adjust social life,Make social life full of order and vitality,You need to analyze the practical logic of various social specifications in a certain space -time field。Due to the cultural tradition of different countries、The social environment and institutional system are different,Therefore, the practical process of the law in different countries and society is different。To explore the beliefs of people of contemporary Chinese society、authoritative and legal issues,Wang Mingming、Stephan Feuchtwang earlier advocated to study the authority of rural communities in rural communities、Order and Justice Questions,This concept was later deepened and expanded by legal person researchers,produced a group of influential academic results。For example, Zhao Xudong's "Power and Justice -Disputes of Disputes in Local Society and Diverse Authority"bet365 live casino games 、Zhu Xiaoyang's "Small Village Story: Sin and Punishment", etc.。Legal scholars to investigate in rural communities、Description and perception of the authority in the hearts of the residents of the community、Faith and justice,It provides a useful reference for the community soil implemented in depth to understand the law。,The ethnic methods of legal person science are gradually introduced into the research paradigm of legal sociology。
In addition to the research paradigm of the traditional legal person,Research on Law Sociology also pays more attention to analyzing the impact of specific social structures on social members,and analyze the constraints and behavior logic of the actor under the perspective of the structure。but but,Analysis of the behavior logic of specific actors under the perspective of the structure -functional perspective is not an abstract theoretical analysis,Instead, it is dedicated to developing Robert K. Merdon is a kind of middle -level theory advocated in "Social Theory and Social Structure"。This middle -level theory examines the constraints of actors in the context of specific social structure,Also analyze the specific process of influenced behavior in depth。As far as the legal practice of rural society in China,To examine the operation of national law in rural society, we need to fully pay attention to the rural social structure,and in -depth analysis of the action conditions of the legal executor in the context of the rural social structure、Process and goals。
Conditions and implementation effects that affect the role of the law in the rural social structure。Fei Xiaotong has pointed out in "Local China","China is in the process of transformation from local society,The original concept of the lawsuit is still very strongly stored in the vast number of people,Because of this so that modern justice cannot be thoroughly implemented "。Specifically,There are Bet365 app download still many local customs and people in rural society that are different from modern legal systems、Moral、Habits and other structural elements。In order to give full play to the biggest effect of law in rural society,Realize the harmonious coexistence of other norms of law and other norms in rural society、Multi -symbiosis,It is necessary to fully consider the autonomy of the autonomy of the country society in the process of entering the country society.、Moral authority Organic integration。Therefore, from the perspective of French sociology,Since the current rural society does not fully transform into a social structure that is compatible with modern laws,Therefore, national law enters the country society to fully consider the mechanism of the interaction between law and other social factors,That is, in the process of entering the country society,It is necessary to fully pay attention to the existing order maintenance mechanism of rural society,It should also create relevant conditions for the implementation of the law to obtain effective support for rural social autonomy and moral authority。
Looking at it specifically,In -depth promotion of "Three Governance Integration" will highlight the space where the law runs in rural society、Culture and Shanzhi three dimensions。
Bet365 lotto review Henry Lieferver believes in the book "The Production of Space",Space is not only the place of production of things,and the production of a certain social relationship,Therefore, he focuses on the political relationship and cultural relationship in the production process of urban social space。From the perspective of actual perspective,The generation of any social relationship、Development and dismissal need to rely on a certain physical space。within a certain space,Different social subjects based on their own interest preferences、Habit、Emotion and purpose produces various behaviors,and the interaction between behavior and behavior will have a certain social relationship。Law as an important means to adjust social relations,Although it is formulated by the state and has the national enforcement,But the objects adjusted by the legal firm, that is, social relationships are the specific realistic social interest relationships in a certain space,Therefore, we must return to the realistic social relationship in the specific space to understand the implementation of the law,Make the law in a specific space。Compared to urban society,The interest relationship of rural society is relatively high。In reality,Most of the rural social life is still embedded in the network of acquaintance social relations,Many contradictions and disputes can be resolved in the network of acquaintance social relations,And the status of national law is relatively edge。In the daily life of rural society,The national legal operation experienced and experienced by farmers living in specific space -time fields is relatively small,The relationship between its spatial production is not mainly based on the law,Relying on moral ethics and custom habits。Therefore, compared to urban society,National Laws have poor adaptability in rural society。Words,Compared to the stranger society of the city,The acquaintance society of rural society is relatively strong,This special spatial attribute determines the implementation of national laws。It is because of this,During the rural governance process,Need to adhere to the rule of law,You need to consider integrating autonomy and morality。
Second, the implementation of the law contains cultural background.Laws in the modern sense represent a culture of modernization,However, this culture is in the process of entering rural society,It is inevitable that it will conflict with rural traditional culture。Actually,Liang Zhiping elaborated in the book "The Cultural Interpretation of Law".,Its important point is "clarifying the law with culture、Clepting culture with the law "。This is "explained the law with historical interpretation of the law with Mengsquien in" The Spirit of the Law "、Analysis of history with legal interpretation of history is quite similar。Current,Despite the evolution and development of the times,But morality in the traditional sense、Cultural concepts such as rituals and shame are still relatively stable in rural areas。Therefore,Laws need to fully consider the customs and habits of the specific village society and the traditional culture inherent in the village。When the law enters the country society,It does not mean that it can achieve its effect through mandatory implementation。On the contrary,,After the law enters the village,You need to get along with the traditional culture inherent in the village,can we give play to its biggest function。This highlights the cultural background of the law。Compared with the universal value of the law,Village culture as a specific culture,Historical memory and custom beliefs carrying the collective members of the village society,Have special cultural value。In Chinese rural society,Different nations、Different nations、There are significant cultural differences between villages under different geographical conditions。Therefore, how the universal value of the law is implemented in different villages society,Need to pay full attention to the local cultural tradition of different villages,This kind of local cultural tradition is similar to the "local knowledge" that Gelz said。Law as an exogenous authority,During the use process, you need to rely on a set of "local knowledge",This set of "local knowledge" is built in village society,Only use and use this "local knowledge",The law can only work in the village society。In a sense,,When the law uses this "local knowledge" to play a role,Any rule of law is specific,It needs to use "local knowledge" in specific time and space to give full play to its strength。
Finally, the goal of the law is to move towards good governance.After national law enters rural society,The ideal state of the rural social and political order is to move towards good governance。From this,Guarantee the implementation of national laws to be good,Help to form a rural society's good governance,is the key issue in the implementation of the law。,After national law enters rural society,It will inevitably be resisted by various structural forces in rural society,For example, the moral concept in the traditional sense of rural society、Local customs and customs and customs may have a certain conflict with modern laws。From this,How national law integrates the governance resources and strength of other rural society is the key。In order to avoid conflicts between national law and endogenous resources, the internal consumption and loss of various rural governance resources,At this time, a central authority is needed to integrate various resource forces,Make various disputes to resolve resources and strength to adhere to their own authority borders under the coordination of a central authority,Give full play to their respective advantages,Continuously promoting the formation of rural good govern。Rural grassroots party organizations are village social politics、Economy、Core leadership core。Only through the coordination of rural grassroots party organizations,Only in order to enable national laws to fully pay attention to its limitations and advantages during the implementation process,Guarantee the implementation of national laws to adhere to the correct political direction,Promote the integration of the core values of socialism into the rural social governance。Therefore,Under the leadership of rural grassroots party organizations,The authoritative resources of coordinating and integrating the law and the objective autonomy and moral authority in the local society,Can promote rural social autonomy、rule of law、Dezhi Three Worching in the substantive sense,Continuously improve the level of rural society's good treatment。
(This article is the Legal Logic Research on the Funwu Court '"Finding Court'" Research on the "Embedded Governance '" (20BFX004) staged results)
(Author unit: Jiangxi Normal University Rural Research Center)
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