刍议国家法与民间法在我国乡村之并行——以南街村为视角

My Meager Opinion on the Cooperation of the State Law and the Non-government Law in Our Countryside——from the visual angle of Nanjie Cun village

民间法由公民长期生活、劳作、交往和利益冲突中逐渐显现,因而具有自发性和浓厚的地方色彩。南街村社区内民间法与国家法的互动、博弈,总结出我国“三农”问题的根源在于计划经济体制下,所有制方面追求公权高于私权,在国家法律和政策方面,国家法把农民的生产和生活都纳入其控制之下,导致民间法无由生产,甚至萎缩消失。

This paper believed that the non - government law is such a knowledge tradition, which is realized in the long - term living,manual work, communication and the profit confliction, so it has the characteristics of spontaneity and strong local color. At last, from the interaction and gambling of the non - government law and the state law in the community of Nanjie Cun village, it is summarized that the origin of three dimensional rural issues in our country is in the system of planned economy, by which the ＂selfless＂ is emphasized in the system of ownership, and the civil rights are higher than private rights. As to the national laws and policies, it is manifested that the farmers＂ production and living are all under the control of state law, which causes the non -government law can not operate, even withers and vanishes.