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民间法是与国家法相对的一种社会规范,中国传统的乡土社会为其孕育、形成、发展和适用留下了广阔的空间和基础。我国当前处于社会转型时期,法制现代化建设从城市向农村逐步推进过程中必然产生二者的协调和碰撞问题。民间法根植于乡土社会,国家法不可能取代、排除民间法,民众也不会远离民间法。相反,立足于社会现实,立足于民众生活生存,具有普遍性的国家法必须适应各个区域的特殊性、地方文化性,借鉴、吸收当地民间法的有益部分及其运行规律,推动社会关系的稳定与保障。本文以惠安人这一特殊群体的民间法为例,探索族群民间法在法治建设中的意义和功能,借以明了法治国家建设中的国家法与民间法的互补、协调与整合。
The folk law is a kind of social norm as opposed to the national law. The traditional Chinese native society has left a vast space and foundation for its birth, formation, development and application. At present, our country is in the period of social transformation. The modernization and modernization of the legal system will inevitably bring about the coordination and collision between the two in the process of urban-rural progress. Folk law rooted in native society, national law can not be replaced, excluding civil law, the public will not be far from civil law. On the contrary, based on the social reality and based on the common people’s livelihood, the universally applicable national law must adapt to the particularity of each region and local culture, learn from and absorb the beneficial parts of local civil law and its operating rules, and promote the stability of social relations With security. This article takes the folk law of this special group of Huian people as an example to explore the significance and function of the ethnic folk law in the construction of the rule of law so as to understand the complementarity, coordination and integration of the state law and the civil law in the construction of a country ruled by law.