全面建成小康社会视野下法律与民俗的冲突和融合
发布时间：2019-04-18 22:46
【摘要】：随着社会经济的发展,人口流动加剧,打破了传统乡土社会结构,而受到农耕文化等因素的传承和熏陶,人们长期形成的习俗难免与现行的法规政策存在冲突。本文以全面建设小康社会视野下民俗与社会治理存在的冲突为切入点,通过对全面建设小康社会中殡葬、婚约彩礼、民间信仰以及祭祀祭祖等民俗与法律、政策冲突的梳理,分析民俗与法律存在冲突的具体形态和纠纷类型。提出在推进城镇化过程中,既要维护政策、法律的权威,也应充分考虑民俗在居民中的重要影响,充分尊重民风民俗;主管部门应在公序良俗原则和合法合理原则的基础上设计和推行具体措施,建设经济、政治、文化、社会、生态文明全面发展的小康社会。
[Abstract]:With the development of social economy and the aggravation of population flow, it has broken the traditional local social structure, and has been inherited and nurtured by the factors such as farming culture. It is inevitable that the customs formed for a long time are in conflict with the current laws and regulations. Based on the conflict between folk custom and social governance under the view of building a well-off society in an all-round way, this paper combs the conflicts between folk customs and laws, such as funeral and burial, wedding betrothal gifts, folk beliefs and sacrificial sacrifices to ancestors in a well-off society in an all-round way. This paper analyzes the specific forms and types of disputes between folk customs and laws. In the process of promoting urbanization, we should not only safeguard the policy, the authority of the law, but also fully consider the important influence of folk custom in the residents, and fully respect the folk custom; The competent department should design and carry out concrete measures on the basis of the principles of public order, good custom and lawful and reasonable, so as to build a well-off society with all-round development of economy, politics, culture, society and ecological civilization.
【作者单位】： 北京京大(杭州)律师事务所;杭州商学院;
【分类号】：D920.0
，
本文编号：2460356
[Abstract]:With the development of social economy and the aggravation of population flow, it has broken the traditional local social structure, and has been inherited and nurtured by the factors such as farming culture. It is inevitable that the customs formed for a long time are in conflict with the current laws and regulations. Based on the conflict between folk custom and social governance under the view of building a well-off society in an all-round way, this paper combs the conflicts between folk customs and laws, such as funeral and burial, wedding betrothal gifts, folk beliefs and sacrificial sacrifices to ancestors in a well-off society in an all-round way. This paper analyzes the specific forms and types of disputes between folk customs and laws. In the process of promoting urbanization, we should not only safeguard the policy, the authority of the law, but also fully consider the important influence of folk custom in the residents, and fully respect the folk custom; The competent department should design and carry out concrete measures on the basis of the principles of public order, good custom and lawful and reasonable, so as to build a well-off society with all-round development of economy, politics, culture, society and ecological civilization.
【作者单位】： 北京京大(杭州)律师事务所;杭州商学院;
【分类号】：D920.0
，
本文编号：2460356
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