The Relationship between Folklore and Law

The relationship between folklore and law is both related and different. Folk custom is the source of legal evolution, and its existence enriches and makes up for the deficiency of legal adjustment mechanism to a certain extent. The rational use of folk literature and art is an extension and an important supporting system of national law, and it is also an indispensable local resource of contemporary rule of law. The marriage between folklore and law is eternal and complicated at the same time. The process of modernization of the rule of law is inevitably a process of gradual transformation of folk customs and a process of legal life.

Folklore is one of the most suitable cultures for people to inherit their body and mind-there is productive labor in labor and daily life in daily life, there are traditional festivals in traditional festivals and social organizations in social organizations, and all stages of life growth need folklore to regulate-people who get married need a wedding ceremony or ceremony to gain social recognition, and people also have folklore in the field of spiritual consciousness-and many taboos in life are like this: sweeping the floor at home from New Year's Eve to the second day of junior high school.

Laws are formulated or recognized by the state and enforced by the state's coercive force, reflecting the normative system of the ruling class's will determined by specific material living conditions. Law is the embodiment of the will of the ruling class and the ruling tool of the country. Laws are the general names of basic laws and ordinary laws formulated, revised and promulgated by the legislature with legislative power in accordance with legal procedures, and guaranteed to be implemented by the state's coercive power.

legal ground

Constitution of the people's Republic of China

Article 14 By improving the enthusiasm and technical level of workers, popularizing advanced science and technology, improving the economic management system and enterprise management system, implementing various forms of socialist responsibility system, improving labor organizations, and constantly improving labor productivity and economic benefits, the state develops social productive forces. The state practices strict economy and opposes waste. The state rationally arranges accumulation and consumption, taking into account the interests of the state, the collective and the individual, and gradually improves people's material life and cultural life on the basis of developing production. The state establishes and improves a social security system that is commensurate with the level of economic development.