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任何社会规范都是人与人之间交往逻辑的界定,反映了特定的生活状况和经济基础。乡土社会是中华文明诞生和繁衍的基础,中华民族特有的生活方式和生产方式都是以乡村为依托,在长期的历史进程中逐步沉积下来的。同时,在一个经常接触、朝夕相闻、相对封闭的社群内,也衍生出独具特色的法律行为规范,千百年来调节着人际关系的稳定和社会秩序的有序发展。本文从应然与实然的角度出发,探讨了乡村治理中民间法与国家法的调适与嵌合问题。
Any social norms are defined by the logic of intercourse between people, reflecting the specific conditions of life and economic base. The native society is the foundation of the birth and propagation of Chinese civilization. The unique lifestyles and modes of production of the Chinese nation are all based on the countryside and have been gradually deposited in the course of long history. In the meantime, in a community that has been in constant contact with each other and has heard about each other’s days and days, it has also developed its own unique norms of legal behavior, regulating the stability of interpersonal relationships and the orderly development of social order for thousands of years. This article, from the point of view of reality and reality, probes into the adjustment and fitting of the folk law and the state law in rural governance.