民间法与法院调解发生学意义上的互恰

The Combination of Folk Law and Mediation by Court in Genesis

以经济学原理作为分析工具,民间法及法院调解二者结合不仅有运作的共同基础,更具在乡土社会中顺利排解民商事纠纷的优势。民间法与法院调解需要且能够结合运用,民间法在现今社会法院调解过程中具有较大作用和优势,法院调解中引入民间法具有积极意义。

Taking the principles of economics as the tool of analysis, the article analyzes the generation process of folk law as well as mediation by court, and expounds that their combination is not only of common ground but also has an advantage in smoothly solving civil and commercial disputes. It points out that folk law and mediation by court should and can be combined from the theoretic angle, and then explains the importance and advantages of folk law in the present mediation by court, thus to puts across the positive significance of applying folk law to the mediation by court.