Customary Rights in the Construction of a Rule of Law Society in Contemporary China
Customary rights are rights affirmed by customary law that have formed in social life and will persist for a long time.These rights are closely linked to their economic and social environment and play a crucial role in the construction of a rule of law society in contemporary China.The development of a rule of law society provides fertile ground for the formation and evolution of customary rights.Therefore,studying and safeguarding customary rights are of positive significance for promoting the legalization of social governance and strengthening spatial governance.In terms of content,customary rights in the construction of a rule of law society in contemporary China are influenced by geographical,kinship,and industry factors,forming custom-ary rights in urban and rural community governance,industry-based legal governance,and cyberspace governance.In urban and rural community governance,customary rights gradually form through village regulations and resident agreements to meet the needs of villagers and residents in conducting production,living,and participating in grassroots social governance.In commercial activities,customary rights are based on industry norms,regulating and constraining business behaviors while providing rights protection for practitioners.As the construction of a rule of law society extends into virtual spaces,customary rights in cyberspace governance have also developed,car-ried by technical norms,industry standards,and international rules and standards,pro-viding non-state law protection for rights infringements caused by the development of information network technology.Regarding the protection of customary rights,the construction of a rule of law society in contemporary China includes both intrinsic and extrinsic protections.The intrinsic protection of customary rights stems from their inherent benevolent attributes,as they are formed through social practice and experi-ence accumulation,possessing a certain degree of rationality and fairness.In the con-struction of a rule of law society,only benevolent customary rights have vitality and continue to develop in the positive interaction of a rule of law society.Extrinsic protec-tion of customary rights includes protection by social organizations and state legisla-tive protection.In terms of social organization protection,industry associations,cham-bers of commerce,and urban-rural community service organizations ensure the protec-tion of customary rights through institutional and normative construction,achieving this in the process of combining self-governance,moral governance,and rule of law.Additionally,social organizations,especially industry associations,respond to new changes and needs in cyberspace governance by formulating industry regulations and standards,confirming and safeguarding the rights enjoyed by people in cyberspace under customary law.Regarding the state legislative protection of customary rights,the state accelerates the establishment and improvement of legal systems in the social domain to ensure the exercise of customary rights,while also using mandatory legisla-tive provisions to correct malignant customary rights that do not conform to the devel-opment of human society.
constructing rule of law societycustomary rightslegal plural-ism
万方数据
维普
