当代中国民间习惯法的客观存在并在一定范围内发挥着重要作用是不争的事实。存在意味着有其合理性。当代中国民间习惯法中所彰显的“情理”观契合了民间社会的心理需求,符合中国现阶段的民情,这种“情理”观是对中国传统法文化的传承,体现着传统法文化的精神特质。我国现行正式法能够而且应该从这种“情理”观中得到启示,充分表征其文化属性,这是当代中国民众产生法治认同感的重要心理根基。 It is an indisputable fact that the objective existence of the folk customary law in contemporary China plays an important role within a certain scope. Being means existence has its rationality. The view of “feeling ” demonstrated in contemporary Chinese customary folk law is in line with the psychological needs of civil society and conforms to the sentiments of the Chinese people at the present stage. This “sense of truth” is the tradition of Chinese traditional law and reflects the tradition The spirit of legal culture. The current formal law in our country can and should be enlightened from such a concept of “feelings and feelings” to fully characterize its cultural attributes. This is an important psychological basis for contemporary Chinese people to have a sense of legal identity.