民国时期国家对婚约的规定颁布了制定法,但是在很多地方,订立婚约并未采取法定形式,而是依据民间习惯,这就造成了制定法和民间习惯的冲突,本文以民国时期黑龙江省关于亲属继承习惯之报告为例,来说明制定法和民间习惯的冲突,以及当时民国政府如何对待民间习惯,进而对当今的制定法和民间习惯之冲突的解决有着非凡的借鉴意义。 During the period of Republic of China, the state promulgated the enactment law, but in many places, the marriage contract did not take the statutory form, but was based on folk customs, which resulted in the conflict between enactment law and folk custom. In this paper, Heilongjiang Province The report of the inheritance of relatives as an example to illustrate the conflict between statutory law and folk custom, and how the government of the Republic of China treated the folk custom at that time, and thus has an extraordinary significance for the solution to the conflict between the statutory law and folk custom today.