Research on the Governance of Law and Morality in Rural Chinese Society

Author: Wenhan Shi

【Abstract】In rural China,law and morality jointly maintain social order and underpin the economicdevelopment.The law consolidates social stability in rural areas, provides avariety of ways to resolve disputes and guarantees the sound development of therural economy.Meanwhile, morality is also indispensable in rural societies, asit promotes community harmony, facilitates economic development, maintainssocial stability and carry forward rural culture. Despite the existence ofconflicts between law and morality under specific circumstances, such as thoseconcerning land disputes, family relations and matrimonial affairs in ruralareas, the two can be reconciled. The crucial approaches to reconciling suchconflicts lie in enhancing legal education, showing respect for rural customsand ethical norms, and perfecting the legal system,through which the activefunctions of law and morality in rural social governance can be optimized tothe greatest extent, thereby facilitating the comprehensive advancement ofrural society.

【key words】legal system,moral custom,socialorder

In the vast expanse of China, ruralsociety, as an critical domain where tradition and modernity converge, has longbeen a focal point for national governance and social progress. With thecontinuous deepening of the construction of the rule of law in China, thefunction of law within rural society has been increasingly highlighted,emerging as a significant force in maintaining rural social order, settlingrural disputes and facilitating rural economic development. Nevertheless, itmust not be neglected that morality continues to exercise a rather potentinfluence across extensive rural regions. Hence, the relationship between thetwo warrants further in-depth exploration from an academic perspective.

I.The Increasingly Enhanced Role of Law

1.1 The law has further consolidated the social orderin rural areas.

Law, asa vital constituent of social norms, has its primordial function manifested infurnishing a stable and anticipatory framework for rural society.Via theformulation and enforcement of a series of laws and regulations concerningagriculture and rural affairs, exemplified by “The rural land contract law ofthe People's Republic of China” and “The Organic Law of the VillagersCommittees”, China has precisely clarified the ownership regarding rural landas well as the operational mechanisms of villagers’ autonomy, among otheraspects,effectively resolving rural land disputes and abuses of power, andcreating a favorable legal environment for the rural society.

Withthe in-depth implementation of law dissemination，an increasing number of rural residents have begun toget in touch with and understand legal knowledge, and gradually formed the consciousnessof safeguarding their own rights by legal means. The augmentation of suchlegal awareness not only contributes to the reduction of the incidence ofillegal behaviors but also facilitates the mutual respect and understandingamong the members of rural society, thereby further strengthening the stabilityof rural society.Simultaneously, the enhanced awareness of rules promptsvillagers to attach greater importance to procedural justice and outcomefairness when engaging in public affairs, which lays a solid foundation for thelong-term development of rural society.

Inrecent years, the work to confirm, register and certify rural contractedland rights has been carried out on a nationwide scale in China, which haseffectively resolved the long-standing issues such as unclear land boundariesand ambiguous ownership by clarifying the ownership relations of rural land. Onthe one hand, legal means have been employed to ensure the legality andauthority of the work on confirming rural land rights. On the other hand, bypopularizing the knowledge of relevant laws and regulations, the legalawareness and the ability of villagers to safeguard their rights have beenenhanced.

1.2 The law provides diversified solutions for disputesrelated to agriculture and rural areas.

Facedwith the complex multifarious types of disputes prevalent in rural society, thelaw furnishes diversified dispute settlement mechanism which incorporateslitigation, mediation, arbitration, among other modalities.[1] Each of thesemechanisms boasts its own distinctive features and they are mutuallycomplementary, thereby endowing rural residents with a flexible and diversearray of pathways for resolving disputes.Notably, mediation, as a vitalconstituent of traditional Chinese culture, assumes an especially crucial rolein the resolution of rural disputes. Through the intervention of grassrootsmediation organizations such as the People's Mediation Committees, many ruraldisputes can be effectively resolved before litigation, which not onlyalleviates the judicial burden but also maintains the harmony and stability ofrural society.Law, as the guardian of social justice, has its core value lyingin ensuring the fairness and efficiency of dispute resolution. During thelitigation process, the courts hear cases and render judgments or decisions inaccordance with legal procedures, ensuring the fairness of dispute resolution. Meanwhile,efforts are made to improve the efficiency of dispute resolution by means ofoptimizing the allocation of judicial resources and enhancing the efficiency oftrials. These endeavors not only safeguard the legitimate rights and interestsof rural residents but also promote the harmony and stability of rural society.

1.3 The law guarantees the development of the ruraleconomy.

Law isthe cornerstone of market economic development. In the process of ruraleconomic development, the law provides a sound environment under the rule oflaw for rural economic development by regulating market behavior, protectingproperty rights and promoting fair competition. For example, the promulgationand implementation of laws and regulations such as the “Law of the People'sRepublic of China on Specialized Farmers Cooperatives” have provided legalguarantees for the development of new agricultural business entities such asfarmers' professional cooperatives; laws and regulations such as the “Law of the People's Republic of Chinaon Quality and Safety of Agricultural Products” have ensured thequality and safety of agricultural products, thus enhancing the marketcompetitiveness of agricultural products.Law also serves as a crucial impetusfor the advancement of the rural economy by steering and buttressing theoptimization and escalation of the rural industrial structure.

Specifically,by devising and executing pertinent policies and statutes, it offers incentivesand backings for agricultural scientific and technological innovation, as wellas the industrialization of agriculture, which are designed to augmentagricultural production efficiency and added value. Concurrently, itintensifies the legal supervision over the protection of the rural ecologicalenvironment to guarantee the sustainable development of the rural economy.Someregions have established a number of agricultural cooperatives based on localresource advantages. These cooperatives have continued to develop and growunder the support of laws and regulations, not only improving the output andquality of agricultural products and boosting the employment and income oflocal farmers, but also actively introducing new technologies and varieties topromote the optimization and upgrading of the structure of the localagricultural industry.

II. The ConsiderableRole of Morality

In thevast rural areas, morality is not only the bond that maintains social relationsbut also an important means of promoting community harmony, economicdevelopment, social stability and cultural inheritance. It is like an invisibleforce, deeply rooted in the rural culture, influencing the thoughts, behaviorsof every villager and even the future development of the entire countryside.

2.1 The morality has maintained and enhanced thecommunity harmony.

Inrural areas, the relationships among neighbors tend to be closer than those inurban areas. This closeness is manifested not only in the mutual assistance andcooperation in daily life but also in the emotional interdependence.Morality, advocatesvirtues which become basic norms for villagers' interactions such as honestyand trustworthiness, friendliness and mutual assistance, respect for theelderly and love for the young, plays a crucial role in this process.Whenencountering contradictions and disputes, villagers are more inclined tomediate through the power of morality rather than resorting to legal or othercoercive means. This morality-based approach effectively resolves conflicts aswell as deepens the emotional bonds among neighbors and promotes the harmonyand stability of the community.

Themaintenance of public order in rural society also cannot be separated from thesupport of morality.Villagers consciously abide by social ethics, such as notlittering, not occupying public spaces at will, and protecting the ecologicalenvironment, maintaining the cleanliness of villages.At the same time, themoral code is also a key supplement to the public order of rural society, wherethe law cannot cover in detail, morality becomes the main rule of the publicorder of rural society. For example, in rural areas, there are no additionalobligations placed on ordinary villagers with regard to personal activitiessuch as weddings, funerals and funerals, but human interaction and mutualassistance among neighbors have become the basic rural consensus.

2.2 The morality has promoted the development of therural economy

Inrural economic activities, integrity is the cornerstone of business dealings.Whetherit is the sale of agricultural products, the production of handicrafts or ruraltourism services, operating with integrity is the key to attracting customersand winning the market.

Moralityrequires farmers to adhere to the principle of honesty and trustworthiness inproduction and operation, refrain from adulterating products or deceivingcustomers. Such a sound business moral climate not only enhances the marketcompetitiveness of agricultural products but also promotes the sustainabledevelopment of the rural economy.In rural areas, the practice of buying oncredit is also quite common. For example, farmers may purchase seedlings,pesticides and other items on credit and then pay the relevant fees after theharvest and sale. This is attributable not only to the honesty andcreditworthiness of farmers but also to the recognition of agriculturaloperators towards agricultural production and their trust in rural society.Theconcept of achieving prosperity through hard work has always encouraged farmersto create a better life through their diligent labor. In rural areas, manyfarmers, taking their families as units, engage in agricultural production orrelated industries, the diligence and wisdom of whom are important forcesdriving the development of the rural economy. The power of morality has alwaysinspired farmers to be fearless in the face of difficulties, be brave inexploration, and achieve economic self-sufficiency and gradual prosperitythrough unremitting efforts.

2.3 The morality maintains the stability of rural society.

Moralityplays a role in restraining people's behaviors and preventing crimes. In ruralareas, due to the relatively simple social structure and close interpersonalrelationships, the power of morality is even more prominent. Villagersgenerally recognize and abide by moral norms, which, to some extent, reducesthe occurrence of illegal and criminal acts. In many rural areas, byintegrating local customs, “village regulations and agreements” are formulatedwith the participation of villagers. Such kind of   legislation that villagers have directlyparticipated in is more convincing for rural people, and villagers will alsoabide by it voluntarily.[2]Thetolerance and understanding advocated by folk morality are helpful in resolvingconflicts among villagers and maintaining the stability and harmony of ruralsociety. Morality also enhances the cohesion of rural society by shapingcommon values. Under the guidance of morality, villagers have developed deepemotions towards their hometowns and relatives, and these emotions have becomethe spiritual pillars for them to strive together and overcome difficulties.When facing challenges such as natural disasters and economic difficulties,villagers can unite as one, help each other, jointly resist risks and tide overdifficulties.

2.4 The morality facilitates the inheritance of rural culture.

Ruralareas are the cradles of local cultures. Morality, as an important component oflocal cultures, carries rich historical memories and cultural connotations.Through the inheritance of morality, villagers not only learn how to conductthemselves and handle affairs but also gain a profound understanding of theessence and value of local cultures. Such cultural inheritance not onlyenriches villagers' spiritual world but also strengthens their sense ofidentity and belonging to their hometowns.The inheritance of morality is notstatic but constantly innovates with the development of the times. In ruralareas, the inheritance of morality is often combined with local folk customs,folk arts and so on, forming unique cultural forms. This cultural innovationnot only enriches the connotations and extensions of rural culture but alsoprovides a continuous driving force for the development of the culturalindustry in rural areas.

Therefore,morality plays an irreplaceable role in rural areas. It promotes the harmonyand stability of rural communities, drives the sustainable development of therural economy maintains the long-term stability of rural society andfacilitates the inheritance and innovation of rural culture. Especially inrecent years, through measures such as strengthening moral education, promotingmoral values and improving the moral system, the moral level and the degree ofsocial civilization in rural areas have been significantly improved, providinga solid moral foundation for the all-round progress of rural society. Ofcourse, the government is also exploring moral construction paths and methodsthat suit the characteristics of rural areas, so that the power of morality canbe more fully exerted and demonstrated in rural areas.

III. TheConflict and Reconciliation between Law and Morality

3.1Specific manifestations of the conflict between law and morality.

A.Conflictsin land disputes.

Landserves as the most crucial production resource in rural areas, and landdisputes are among the most prevalent legal issues therein. Nevertheless,conflicts frequently emerge between law and morality during the process ofhandling land disputes.

Forinstance, in accordance with stipulations, the transfer and contracting of the right to contractual managementof land as well as the the right to use of land ought to be conducted within awell-defined legal framework. However, in certain rural regions, the allocationof land usage is commonly determined within families or resolved by villagecommittees through customary means rather than strictly adhering to legalprocedures. This tendency becomes even more pronounced especially when it comesto rural land transfer. Decisions made by family elders often possess anauthority that seemingly overrides that of the law, thereby giving rise toobstacles in the implementation of the law.

B.Conflictsin matrimonial dispute.

Inrural family relations, traditional moral concepts such as supporting theelderly is still the core values in the Confucian tradition. The Civil Code ofthe People's Republic of China also clearly stipulates the obligation ofproviding support for the elderly, while the implementation of this legalprovision often faces the challenges of moral constraints in rural areas.Inaccordance with relevant legal stipulations, all adult children are under theobligation to provide support for their parents. Nevertheless, in rural areas,there remains a prevalent custom where it is generally deemed that sons bearthe responsibility for taking care of their parents, while married daughtersare not considered to have the obligation of providing such support.

C.Conflicts in family relationships.

Marriage-relatedmatters also represent a salient domain where the conflicts between law andmorality manifest themselves in rural areas. The legal system has laid downprinciples such as the freedom of marriage and the freedom of divorce.Nevertheless, in certain rural regions, traditional marriage concepts remainfirmly rooted.Particularly with regard to the issue of divorce, the discordbetween law and morality becomes strikingly apparent. Legally, couples areentitled to address marital issues through divorce when the emotionalconnection between them has been severed. However, within the framework ofrural traditional morality, divorce is frequently perceived as an immoral act.More specifically, when women initiate divorce proceedings, they are likely toencounter social exclusion as well as pressure from theirfamilies.Consequently, some marital problems, despite being legally permissibleto be resolved through divorce, cannot be smoothly dealt with in practice. Thisis primarily because the potent binding force exerted by morality on divorcebehavior continues to prevail.

3.2 Reasons for the conflict between law and morality

Althoughlaw and morality both play significant roles within China's rural society, thedisparities between them give rise to conflicts under specific circumstances.The fundamental causes of these conflicts can primarily be ascribed to thefollowing points:

A.The externality of law and the internality ofmorality.

Lawconstitutes a top-down regulatory framework established by the state, which isimbued with coerciveness and externality. It is enforced by virtue of the powerof the government and demands compliance from all citizens. Nevertheless, theexternality of law gives rise to certain impediments in its implementationwithin rural areas. Specifically, when it clashes with local habits, customs,and morality, the enforcement of the law frequently lacks an adequate socialbasis.

Incontrast, morality has evolved from traditional culture and customs and isdeeply entrenched in the quotidian life of rural society. It possesses arelatively robust internal binding force and spontaneity. This inherent natureendows morality with a high level of identification and self-restraint withinrural society.

B.The universality of law and the locality ofmorality.

Law, asa national regulatory system, enjoys a universally applicable nature that isuniformly enforced throughout the country. In the context of the relationshipbetween law and morality, it should be noted that they are not in anantagonistic position. Law can be regarded as the manifestation of the minimumthreshold of morality. Moreover, law and local resources are inherentlyintertwined and coexist in a symbiotic manner, collaborating to contribute tothe stability of social relations.[3]However,there are significant regional differences in rural areas of China, and localcustoms and habits are not in line with national laws in many cases. Forexample, in some rural areas, the authority of family elders may override thelaw, and village regulations and folk conventions often have greater bindingforce than the law. Morality, on the other hand, varies from place to place andis characterized by obvious locality and flexibility. This locality makesmorality closer to the specific needs of rural daily life, but to some extent,it conflicts with the universality of the law.

3.3.Approaches to reconciling the conflicts betweenlaw and morality

Notwithstandingthe existence of conflicts between law and morality within rural society, thetwo are not unbridgeable. In the course of rural social governance in China,the crux of resolving this issue resides in how to rationally harmonize theconflicts between law and morality and optimize the positive functions of bothto the greatest extent.

A.Intensify the education regarding the rule of lawand reinforce the legal consciousness of rural residents.

Thelegal consciousness of rural residents is comparatively feeble, which to someextent hampers the implementation efficacy of laws in rural regions. Hence,augmenting farmers’ comprehension of laws via legal popularization educationand facilitating their voluntary compliance with laws in daily life constitutesthe bedrock for mitigating the conflicts between law and morality.It isimperative to propel the culture of the rule of law in rural social governance,enabling the vast rural populace to embrace the concept of learning,comprehending, observing, and utilizing laws, to cultivate their legalawareness and to augment their zeal for legal learning. This will not only enhancethe overall legal acumen of rural residents but also contribute to theharmonious coexistence and mutual reinforcement of law and morality within therural social fabric.[4]Forinstance, by conducting legal knowledge seminars and establishing village-levellegal service centers, farmers can be assisted in achieving a more profoundunderstanding and more effective application of the law.

B.Show respect for rural customs and moralities duringthe enforcement of laws.

In theprocess of advancing the rule of law, the enforcement of laws ought to pay duerespect to the traditional customs and moralities prevalent in rural regions.Particularly in relation to certain non-grave illegal activities, solutions canbe sought through the employment of village regulations, folk conventions, andmediation procedures. This approach not only contributes to augmenting thesocial adaptability of the law but also mitigates the conflicts between law andmorality. For instance, in the context of rural land disputes, mediation can beeffected within the legal framework by integrating local customs, either viavillage regulations and folk conventions or local arbitration mechanisms. Thispractice serves to uphold the authority of the law while simultaneouslyrespecting local moral values.

C.Refine the legal system and enhance the constructionof the rule of law at the grassroots level.

Theconflict between law and morality can be partially attributed to theinadequacies in the implementation of the existing legal system within ruralregions. The enhancement and refinement of the rural legal framework, thefortification of the grassroots construction of the rule of law, as well as theelevation of the law's enforceability in rural society are conducive tomitigating the conflict between law and morality.Take the issues concerningmarriage and family in rural areas as an instance. The establishment of moreflexible mediation mechanisms would enable law and morality to mutuallycomplement each other in safeguarding social stability. This approach not onlyacknowledges the distinctive social fabric and cultural traditions prevalent inrural communities but also endeavors to integrate the rationality of the legalsystem with the normative influence of moral principles, thereby forging a moreharmonious and effective social governance model.To further propel theconstruction of the rule of law at the grassroots level, it is of greatersignificance to continuously unearth the various outstanding traditionalvirtues embedded in rural society on the basis of promoting the publicity andeducation of the rule of law as well as the construction of rural culturalethos. These virtues should then be innovatively inherited in light of thecharacteristics of the contemporary era, enabling them to transform into theideological and moral resources that can regulate farmers' behaviors andoptimize village-level governance in the new age.[5]

IV. Conclusion

To sumup,within the intricate and multifaceted domain of rural society in China, lawand morality, as two pivotal forces, collaboratively underpin the stability anddevelopment of the society. The law, characterized by its rigidity,universality, and externality, has furnished rural areas with explicitbehavioral norms and dispute resolution mechanisms, thereby facilitating theadvancement of the rule of law process in rural society. This not only endowsrural residents with a clear framework within which to conduct their activitiesbut also serves as a safeguard for the orderly operation and harmoniouscoexistence within rural communities, playing an indispensable role in shapingthe modern rural social structure and governance model.

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[2]GuoZhiyong,On the Status of Law and Morality in the Social Control of Rural Areasin China [J]. Journal of Shanxi Youth Vocational College, No. 1, 2019: p.51.

[3]JiHongtao, Liu Longnv,Research on the Construction Approaches of the RuralDiversified Dispute Resolution Mechanism [J]. Journal of Hebei University ofScience and Technology (Social Sciences Edition), No. 2, 2023: p.47.

[4] Pan Li,The Path ofLegalization in Rural Social Governance under the Background of RuralRevitalization [J]. Agricultural Economy, 2024(07), p.77.

[5]ZhouShenchang, Dai Yuqin,The Propositional Logic and Realization Path of the“Combined Governance of Virtue and Law”in Rural Grassroots Governance[J]. Journal of Yangzhou University (Humanities & Social Sciences), No. 4,2024. p.89.