On the Relationship between National Law and Folk Law from the Perspective of "Living Law"

National and folk have become an important form of legal classification since Ehrlich proposed living theory.On the perspective of legal effectiveness and functional theory of law-sociology,transplanting legal system from western countries in modern China became law on paper,because it's inappropriate to Chinese society and culture,and present China has lots of folk as living and its significance for Chinese legal construction in the future,and it is the only way for independence and self-consciousness of Chinese jurisprudence and legal construction to further discover alive and valuable resources of folk law,and to achieve perfect combination between national and folk law.