论我国的国家法

The State Law of Our Country

20世纪90年代以来,国家法与民间法的冲突与整合问题为不少学者所关注。学界对"民间法"的定义争议较大,但就国家法而言,学者们普遍认同国家法即为国家制定的法律的说法。文章以此为基础,追溯我国国家法的产生和发展的历史,对当今中国国家法所选择的法律创新之路给予了充分肯定。

Since the 1990s, the question of the conflict and the combination between the state law and the folk regular practice have been paying attention to by many scholars. The dispute about the definition of ＂the folk regular practice＂ from the educational world is very heated. But so far as the state law, the scholars generally accept that the state law is the national written law. The article takes this as a foundation, traces the history of the production and the development about our country＇ s state law, affirms fully the road of the legal innovation which China state law chooses now.