法院,作为国家法律的忠实执行者,必须严格按照法律规定办事,即必须依规则而审案;同时,法院也是社会纠纷的裁判者,必须依照符合社会公平正义的理念解决纠纷,所以,基层法院在适用法律时会不可避免地面对国家法律与乡土情理之间的困惑。因此,以基层法院审判职能为切入点,以实证的视角研究基层法院审判职能中蕴含的冲突,以及协调之路径,对更好地发挥基层民事审判职能有重要意义。 Courts, as faithful executors of national laws, must act in strict accordance with the law, that is, they must act according to the rules. Meanwhile, courts are also adjudicators of social disputes and disputes must be settled in line with the concept of social fairness and justice. Therefore, courts at grass-roots level In the application of law will inevitably face the confusion between national law and local conditions. Therefore, taking the trial function of the grass-roots court as an entry point and studying the conflicts contained in the trial function of the grass-roots court from the positive angle and the path of coordination, it is of great significance to give better play to the grass-roots civil trial function.