法治在民间的困惑——对羌族习惯法的考察

The Perplexity of "Rule of Law" in Modern Society——Reviewing the Customary Law of Qiang Nationality

现代法治建设应是立足于本土化之上的国际化 ,既要学习西方的先进经验 ,更要注重保留民族传统中的文化之根 ,吸收其中的合理成份 ,进行创造性转化。刻意于对别人的模仿而缺少对现实国情的反思 ,是不可取的。

in the modern progress of the rule of law, the legal system is confronted with the perplexity, namely it's difficult to exercise effectively in society. The legal practices in Qiang nationality tell us that a nation has its own legal tradition, which is represented by customary law. Undoubtedly, state law acts as the typical mode of rule of law. Nevertheless, they have lots of differences in their system, enforcement and ideas. Thus, the modern nurture of rule of law should find its indigenous roots in its tradition while absorbing the beneficial experiences of western society. On the basis, we try to transform it in a creative way. The mimicry shall surely lead to failure.