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《Journal of Kunming University》 2018-01
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Empirical Study and Mechanism Reconstruction of Village Regulation from the Perspective of Soft Law——From the Perspective of Constructing the Unity of Reason and Law

DAI Jianjun;Guang'an Intermediate People's Court;  
The public order and good custom contained in village regulations are not only the basic principles of The General Principles of Civil Law,but also one of the norms of the soft governance of folk law. Village regulations play an important role in the governance of rural society. However,there are a lot of alienated village rules in reality,and the root of which lies in the formulation of village regulations,i. e. the lack of basic will of public and the arbitrary establishment of procedures. In the process of building the rule of law in our country,law should be a rational guide for establishing,reviewing and filling the treaties of village regulations and keeps the reasonable space for the regulations. On the contrary,abiding the rule of law thinking,the village regulations should reflect the real will of public and seek a way of coexistence for the statute and the village regulations in the field of local governance.
【CateGory Index】: D923
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