伴随着我国法治建设进程的不断推进,人们对法律的需求也越来越旺盛。然而在多元化的社会生活中,普遍存在着依靠风俗习惯、伦理道德、家法族规、乡规民约、宗教规范和少数民族习惯法等来维持秩序的规范,即所谓的“活法”——民间法。因此,以我国独特的乡土社会为背景,通过阐述民间法的含义、特征以及和国家法之间的关系,进而为实现二者之间的良性互动提出一些合理化的建议,具有重要的理论意义和现实价值。 With the continuous progress of the construction of the rule of law in our country, people’s demand for the law is also getting more and more prosperous. However, in a wide range of social life, there is a widespread practice of maintaining order by means of customs, ethics, family law, village rules, religious norms and customary law of ethnic minorities. The so-called “living law ”- Civil Law. Therefore, it is of great theoretical significance to elaborate the meaning, characteristics and the relationship with the national law in order to put forward some rational proposals to realize the positive interaction between the two countries with the unique native society of our country as the background Real value.