Abstract: The origination history of the legal characteristics of folk law comprises the process of the development of legal thoughts from simplicity to pluralism.Involving the epitome and summary of life experience and with its multiple effective paths, Chinese traditional folk law has the special cultural quality that the state law does not possess. In the construction of the order of modern society, traditional folk law has three actual functions: first, in the generation of order, the folk law is the rule itself; second, in the aspect of maintaining order, the folk law affects the behavior of the people; third, in the aspect of protecting the order, the folk law inherits and develops traditional ethics as its historical mission. The construction of modern legal order needs to take into account Chinese traditional folk law.