法社会学家的研究表明 ,在国家法之外存在着民间法和民间秩序。在中国 ,民间法应指既非有权制定法律的机关制定 ,又非有权制定法律的机关认可 ,但为一定范围的人们所普遍遵从的行为规则。中国民间法存在于家族制度、神权观念、民间性组织制定的规范、风俗习惯等多种渊源之中。在中国民间法通过多种方式或途径被接纳 ,其中包括公开的以一般性条款进行立法接纳、国家法对民间法中的具体制度予以吸收、行政与司法机关的暗中妥协、当事人的自愿选择以及默许。市民社会在中国的逐步形成为民间法的进一步生长提供了气候和土壤 Studies by French sociologists show that there are civil laws and civil order outside national law. In China, folk law should refer to the rules of conduct generally prescribed by people who are not authorized by the organs that have the power to make laws, or who are not entitled to make laws but are generally complied with by a certain range of people. Chinese folk law exists in many origins, such as family system, the concept of theocracy, norms, customs and habits set by the non-governmental organizations. In China, civil law is accepted through various means or channels, including public acceptance of legislation on general terms, absorption of specific regimes in civil law by state law, covert compromise between the executive and judicial authorities, the voluntary choice of parties and acquiescence. The gradual formation of civil society in China provided the climate and soil for the further growth of civil law