每一种社会形态下的法律思想,都一定有其特有的社会背景和观念基础。就眼下中国而言,正在以高速发展的姿态展现在世人面前,这种发展深入到了社会生活的方方面面。在法制建设方面,具体引进、吸收、应用西方先进法律体系时,结合中国现状,却出现了一些现代法治理念“水土不服”的情形,简言之就是产生了情与法的冲突。在此背景下引入其他价值体系来解决中国本土实际问题是有必要的,即“引礼入法”来填补现代法治体系与本土民间生活的真空地带,但也不可否认这一举措的开展将面临的困境,也是本文图讨论的关键。 Every legal thought under social form must have its unique social background and concept foundation. For the time being, China is now showing itself in a rapidly developing position before the world. Such development has deepened into all aspects of social life. When introducing, absorbing and applying the advanced legal system in the West, in the construction of the legal system, in combination with the current situation in China, some modern concepts of law and order have emerged. In short, the conflict between love and law has arisen. In this context, it is necessary to introduce other value systems to solve the practical problems in China’s territory, that is, to “introduce the rites into the law” to fill the vacuum of the modern legal system and the local folk life. However, it is undeniable that this measure should be carried out The difficulties that will be faced are also the key points in the discussion of this article.