价值论视域下民间规范融入地方立法的方法

The Axiological Method of Integrating Folk Norms into Local Legislation

对于民间规范与地方立法实现良性互动、共同促进法治发展的观点,理论界和实务界已达成共识。但如何实现二者的良性互动仍然缺乏方法论支撑,价值论为二者的融合提供了方法论依据。从民间规范与地方立法的关系分析,二者均以价值关系为内容,二者间的价值冲突是其融合过程中的阻碍因素。从冲突的协调路径看,一方面,价值评价是分析民间规范影响的方法论基础;另一方面,价值评价是明确地方立法内容的依据。通过双重价值判断,将民间规范融入地方立法,实现二者的良性互动,共同促进善治目的的实现。

In the theoretical and practical circles,a consensus has been reached that folk norms and local legislation can achieve positive interaction and jointly promote the development of the rule of law.However,how to realize the positive interaction between the two is still lacking of methodological support,and axiology provides methodological basis for the integration of the two.From the analysis of the relationship between folk norms and local legislation,both of them are based on the value relationship,and the value conflict between them is the hindrance in the process of their integration.From the conflict coordination path,on the one hand,value evaluation is the methodological basis of analyzing the influence of folk norms;On the other hand,Value evaluation is the basis for clarifying the content of local legislation.Through the double value judgment,the folk norm is integrated into the local legislation to realize the positive interaction between them and promote the realization of the purpose of good governance.