民间法原动力分析

A Study of the Motivity of Folk Laws

民间法生于乡间,出于习惯,不一定见诸文字,却在民间发挥着广泛而有效的规范作用,与国家法律相比,其运行呈现高效、自觉、稳定的特点。民间法的实施主要依赖于以地方文化为基础而产生的内心确信;此外,经济利益的追求也是其获得有效运行的重要因素;同时不能忽视的还有来自于国家层面的影响。

Folk laws, born in the country and stemming from customs, may not be settled down in any written form but play a widespread and effective role in the countryside. Compared with national laws, folk laws are more efficient, self-aware and stable in operation. The implementation of folk laws mainly rely on the inner affirmation produced from the local culture ; the pursuit of economic interest is another important attribute for the effective operation of folk laws. In addition, the government also influences the operation of folk laws.