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国家法与习惯法的关系同习惯法的概念界定密切联系。目前学界对习惯法的界说纷繁复杂,从各自不同的立场、角度都提出了自己的概念。概念的模糊不清及习惯法与国家法边界的划分模糊在法学和教育学领域引起了一系列的争论。笔者试图在综合近年学者有关论述的基础上,以逻辑的展开为脉络对争论简要加以述评。
The relationship between national law and customary law is closely linked with the concept of customary law. At present, the academic community has many complicated definitions of customary law and has put forward its own concepts from different standpoints and angles. The ambiguity of the concept and the blurring of the demarcation of the customary law from the delimitation of the boundaries of national law have caused a series of disputes in the fields of law and pedagogy. On the basis of synthesizing the expositions of scholars in recent years, the author attempts to make a brief review of the controversy by using logic as a context.