我国自古以来注重家法族规,小至家庭大至国家,这一种介于道德与法律之间的传统,对中国乡土人情社会的维系起着至关重要的作用。它不仅仅是一种没有强制力的道德规范,还具有刑律的作用。出于乡土社会中共同体对这一传统的认同和信任,在道德层面上赋予了家法族规特有的类似于法律的惩戒权和管理权[1]。统观历史的发展,我们可以看到这一家法族规对维系友好和谐的邻里关系,处理乡亲的纠纷,维系宗族社会和谐稳定有着积极的作用。 Since ancient times, our country has paid great attention to the rules of family law and the law ranging from as little as family to nation. This kind of tradition between morality and law plays a crucial role in maintaining the Chinese local people’s society. It is not only a moral norms without coercion, but also has the role of criminal law. Out of the recognition and trust of this community by the community in the local community, the law-like disciplinary power and management peculiar to the family law clan rules are morally given [1]. From an historical perspective, we can see that this family law has a positive effect on maintaining friendly and harmonious neighborhood relations, handling villagers’ disputes and maintaining the harmony and stability of the clan society.