跨国民间法是基于跨国法律多元主义而提出的一个概念,它是指由全球公民社会创立并监控执行的独立于国家法体系(包括国际法和国内法)之外的规则体系。跨国民间规制在上个世纪末迅速崛起,对跨国公共规制提出挑战。但跨国民间法与国际法体系也并不是对立的,它们之间各有所长,可以实现优势互补,共同完成全球良好治理的使命。 Cross-border civil law is a concept based on transnational legal pluralism. It refers to a system of rules that is independent of the national law system (including international law and domestic law) that is established and monitored by global civil society. The rapid rise of transnational non-governmental regulations at the end of the last century posed challenges to transnational public regulation. However, transnational civil law and the system of international law are not antagonistic. They have their own advantages and complement each other and can accomplish the mission of good governance globally.