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在当前的乡村法治研究中,有些学者从国家法律的角度看待乡村法治,认为大量乡村习俗,破坏我国的法治建设,是法治建设的一种障碍。有些学者从民间立场出发,以“法律多元”为理论依据,论述乡村法治中的“习惯法”的价值与功能,从而为这种民间规则上升到国家制度层面寻求理论与现实的空间。但是,这两种观点都没有全面地概括当前乡村法治全景,一个真正的乡村法治图景应该是把这两方面都包括在内的,在这幅法治图景中,各种力量在乡村这个“场域”中相互运行,有时冲撞有时合作,而决定其合作与竞争关系的两大力量则为权力与经济。这才是真正的乡村法治图景。
In the current study of the rule of law in the rural areas, some scholars treat the rule of law in the country from the perspective of the state law, believing that a large number of rural customs and undermining the construction of the rule of law in our country are an obstacle to the rule of law. Some scholars start from the folk standpoint and discuss the value and function of “customary law ” in the rule of law in the rural areas based on the theory of “pluralism of law ”, so as to seek the theory and reality for the rise of such folk rules to the level of the state system space. However, neither of these views comprehensively summarizes the current panoramic view of the rule of law in the rural areas. A true picture of the rule of law in the rural areas should include both these aspects. In this picture of the rule of law, Domain "and sometimes collide and sometimes cooperate, and the two forces that determine their cooperation and competition are power and economy. This is the true picture of the rule of law in the country.