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在当今中国的法律话语中,法治现代化是一个非常热门的话题,而由这一话题引出的另一个受人瞩目的话题便是法治现代化的路径选择。就这一话题存在两种对峙的观点,一是认为应该通过移植西方法律成就中国的法治现代化,二是认为应该利用本土资源实现中国的法治现代化。习惯法被许多学者认为是中国法治现代化进程中的重要本土资源之一,因此搞清楚习惯法的性质、习惯法与法的关系、习惯法与国家法的关系就显得更为重要了。
In the legal discourse of China today, the modernization of the rule of law is a very hot topic. Another topic attracting attention from this topic is the path choice of the modernization of the law. There are two opposing views on this topic. One is that modernization of the rule of law in China should be accomplished through the transplanting of Western law, and the second is that local resources should be utilized to modernize the rule of law in China. Customary law, considered by many scholars as one of the most important local resources in the modernization of the rule of law in China, makes it clear that the nature of customary law, the relationship between customary law and law, and the relationship between customary law and state law are all the more important.