习惯法对我国农村法治建设的影响

Influence of Customary Law on Our Countryside Legal Construction in China

分析了在农村社会中国家法与习惯法之间的联系,指出两者即互相补充又可能出现冲突,在此基础上提出我国农村社会法治建设的关键在于正确处理国家制定法与习惯法的关系,即在坚持国家制定法主导地位的前提下,合理吸收、借鉴习惯法的优秀做法,使两者真正形成合力。

The connection between national law and customary law in rural society was analyzed,it pointed out that they were not only mutually complemented,but also conflicted with each other,based on this,it put forward that the key of law construction of countryside society was to handle the relationship between national law and customary law correctly,namely,in the premise of holding the dominant position of statutory law,reasonable absorb,draw lessons from the good practice of customary law so that both real form resultant force.