中国传统法文化在民间规约中的几点表达

Several Points of Chinese Traditional Legal Culture Expressed by Folk Laws

民间规约作为传统习惯法中成文的、历经千年而未中断的代表,表达了传统法文化的精神以及包括公法文化、诉讼文化在内的传统法文化的众多特征。通过民间规约反映出来的中国传统法律文化,影响着中国人对于规则或者法律的认识。我们可以借助民间规约相关材料来补充以往对于中国传统法文化中一些特征的认识,从而丰富与完善我们对于传统法文化在民间乡里社会中作用的研究。在法制建设面临传统与现代的冲突、人民需求与制度建设存在着差距的当下,民间规约在与传统法文化相契合方面表达出的特征,可以成为当代中国法治建设的可鉴之资。

Based on the statements of variations,theoretical foundation of Folk Law and the interaction between it and state law,this article interprets that as a representative of customary law,Folk Law which is written and continues for thousands of years expresses the spirit of traditional legal culture,as well as many features of traditional legal culture which includes criminal legal culture and procedural legal culture.Chinese traditional legal culture,embodied in Folk Law,influences the legal concept of contemporary Chinese people.When facing problems that today＇s legal construction comes up against the conflicts over tradition and modernity and that there exists a gap between needs of people and system construction and such,the traditional legal culture and system embodied in Folk Law should become a significant reference for legal construction.