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因私法文化理论基于西方市民社会实践而构建,故与我国农村实际情况相去甚远。建构我国农村私法文化必须从我国农村实际出发,围绕村民自治实践,结合农村社会秩序多元化的特点,按照文化变迁的规律,循序渐进地将私法文化理念引入民俗观念,植入草根精神,逐渐消除私法文化的制度形态与观念形态的冲突。
Due to the fact that the private law culture theory is based on the practice of Western civil society, it is far from the actual situation in rural China. In order to construct the rural private law culture in our country, we must proceed from the reality of rural areas in our country. Based on the practice of villagers’ autonomy and the diversified social order in rural areas, according to the law of cultural change, we should introduce the concept of private law into the concept of folk custom in a gradual and orderly manner. Conflicts between the Systemic Form and the Conceptual Form of Culture.