论文部分内容阅读
目前学术界对民间法的概念还存在一定的争议,但是已经认可了民间法的现实存在,肯定其在中国法治化道路上的积极意义。我国民间法的价值研究还没有得到重视,其基础理论还有所薄弱,本文阐述了民间法的基本价值观在于秩序与和谐,分析比较了国家法和民间法的同异,寻求冲突的解决途径,促进民间法的健康发展,更好地解决社会纠纷。
At present, there is still some controversy over the concept of folk law in academia, but it has already recognized the reality of the non-governmental law and affirmed its positive significance on the road of rule of law in China. The value of folk law in our country has not been valued yet, and its basic theory is still weak. This article expounds that the basic values of folk law lie in order and harmony, analyzing and comparing the sameness and difference between state law and civil law, finding a solution to the conflict, Promote the healthy development of civil law and better solve social disputes.