习惯法与国家制定法的冲突及调适

State Formulated Law and Customary Law:Conflicts and Adjustments

习惯法是独立于国家制定法之外的法,它一直在民间生活中发挥着重要的作用。习惯法的存在有其合理性,但是习惯法跟国家制定法在法的规范、实施等方面存在着一定冲突,因此需要从实际出发,根据具体情况,对两者进行调适,从而既维护了国家制定法的威严,也有效地发挥了一些善良、合理的习惯法的作用。

Customary law, independent to the state formulated law, is playing an important role in people＇ s daily life. Though reasonable in terms of existence, it is sometimes in conflict with state formulated law as far as their standards and implementation are concerned. Therefore, we need to adjust them in accordance with specific conditions. In this way, we can not only safeguard the state formulated law, but we can also give full play to the working of customary law.