《法治及其本土资源》用法社会学研究的方法,对“民间法”这一本土资源给予了高度的关注,在文章中对于“民间法”与“国家法”的关系进行了论述,但是在论证思路上,出现了一定的问题。而对于研究的前提背景也主要集中在一种“家庭型”的社会关系中,但随着社会的发展这种场景必将发生变化。在实现“现代法治”这一目标的指向中,应当正确定位“国家法”和“民间法”的关系,明确民间法是作为法制的资源来为法治的实现服务。 The “rule of law and its local resources” is a sociological research method that gives a high degree of attention to the “indigenous law” as a native resource. In the article, the relationship between “civil law” and “national law” Discussed, but in the argument of thinking, there have been some problems. However, the background of the premise of the research is mainly concentrated in a kind of “family ” social relations, but with the development of society this scene is bound to change. In the direction of realizing the goal of “modern rule of law”, we should correctly locate the relationship between “state law” and “civil law” and clarify that non-governmental law serves as the resource of the legal system to serve the realization of the rule of law.