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习惯性规则是人类社会需求的产物,是关系密切群体为了追求社会福利最大化和交往成本最小化的目的而逐渐形成的一种行为规范和秩序安排。与人类社会共存的习惯规则和习惯权利,具有丰富的法治意蕴,它具有独立存在的价值,是法律和法律权利的前身,是法律的合法性基础和评价性标准,是法律的权威性内容。习惯性规则在人类社会中发挥着极其重要的利益调整和纠纷解决作用,维系着政治、经济和文化秩序,成为人类社会不可或缺的社会治理工具。
Habitual rules are the product of the needs of human society. They are a kind of code of conduct and order that are gradually formed by closely related groups in pursuit of maximizing social welfare and minimizing engagement costs. It has the rule of law and customary rights that coexist with human society. It has rich connotation of rule of law. It has the value of independent existence, is the forerunner of legal and legal rights, is the legal basis and evaluating standard of law, and is the authoritative content of law. Habitual rules play an extremely important role of interest adjustment and dispute resolution in human society. They maintain political, economic and cultural order and become indispensable social governance tools in human society.