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在西北庆阳地区存在着这样一些规则,他们虽非国家制定,但却与当地人民的生活息息相关,成为被普遍遵循的基本准则。这些规则—民间法在乡民社会生活中的广泛适用已影响到国家法的实施,形成民间法与国家法的冲突。本文着重分析当地民间法与国家法冲突的原因以及冲突的表现形式,以期引起立法者重视,妥善处理此种冲突。
In the Qingyang area in the northwest, there are such rules that, although not formulated by the state, are closely linked with the lives of local people and have become the basic norms generally followed. These rules - the extensive application of folk law in the life of the villagers have affected the implementation of the national law and formed the conflict between the civil law and the national law. This article focuses on the analysis of the causes of clashes between local civil law and state law and the manifestation of conflicts so as to arouse the attention of lawmakers and properly deal with such clashes.