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在高扬法治旗帜的现代社会,法律成为规范个人与国家、个人与社会及个人与个人之间关系的主要准则。然而,在中国农村,由于其历史与社会原因,法律远未达致上述目标。这不仅因为法律的功能有限,也因为农村社会有其自身的秩序基础。正因如此,当国家司法权力介入村庄时,司法中的证据与农民生活常识的表达难免产生冲突。如何认识和理解这种冲突,对于当下中国国家与社会关系的构建具有十分重要的意义。
In the modern society with the banner of rule of law, law has become the main guideline for regulating the relations between individuals and countries, individuals and society, and individuals and individuals. However, in rural China, due to its historical and social reasons, the law is far from achieving the above objectives. This is not only because of the limited function of law but also because rural society has its own basis for order. For this reason, when the judicial power of the state intervenes in the village, the evidence in the judiciary and the expression of common sense of peasant life will inevitably conflict. How to understand and understand such conflicts is of great significance to the current construction of the relations between state and society in China.