民间法的纠纷解决方式

Resolutions to the Disputes of Folk Law

国家法在纠纷解决中起着不可替代的重要作用,也被认为是现代社会最为主要和权威的纠纷解决方式。但是在国家法的社会实效受到置疑或者难以发挥理想作用的地方,民间法就往往对权利冲突或纠纷的解决起到了十分重要的作用,调整着在冲突纠纷中受到破坏的权利义务关系,实现权利并保证义务的履行,维系着民间社会的秩序。民间法通过其独特的纠纷解决机制、调整方法和以规范形式体现的乡规民约,和国家法一道构建了社会的秩序体系。

The great importance of state taw is irreplaceable in dispute settlement, and it has been regar.ded as the most prevalent and authoritative ways of solving disputes. However,when the social actual effect of state law is being questioned or cannot be put into full play,folk law often plays an important role in settling conflicts of rights and disputes, adjusting the rights and obligations destroyed in conflicts and disputes, realizing rights and guaranteeing the fulfillment of obligations, maintaining the order of civil society. The folk law, through its special mechanism of dispute settlement, ways of adjustment as well as local rules and regulations, builds up a social order system together with state law.