民间法的限度

The Limitation of Folk Law

民间法作为社会生活中的一种规则,与国家制定法一样,具有自己的生存限度。民间法具有民族性、地域性、强制性、传承性等鲜明的特点。与此相联系,出于对自然的原初的敬畏与恐惧、社会化了的行为尺度、乡土社会的正义观以及类同于国家法的暴力构成了民间法的效力来源和基础。民间法同样发挥着法的作用,只是与国家制定法在作用的内容、方式、方法、强度和向度上存在着差别。

As a rule of social life, Folk law, as well as statutory law, has its own limits of effective range. Folk laws are rules with national, regional, mandatory, inheritance characteristics. In relation to this, based on the original nature of fear and awe, behavior standard of socialization, local social justice as well as the same that of mandatory effect of statutory law, constitutes Folk law and the basis for the effectiveness of Folk law. Folk law also plays a role of the written law. There are differences in effect, means, methods, intensity and dimension between Folk law and statutory law.