民间习惯与法律的互动——以农村土地利用为切入点

The Interaction between Folk Custom and Law—Taking Rural Land Utilization as the Breakthrough Point

伴随着"本土资源论"、"民间法"等多元法律概念的流行,民间规范与法律的的互动也开始被认同为一个有价值的研究范式。从农村土地利用中的民间习惯着眼,考察了习惯对法律的影响,及习惯自身相对独立的社会控制功能,并对民间习惯对制定法的现实影响进行了一定的法治思考。

With the increasing popularity of diverse legal concepts such as ＂Local Resources＂, ＂Folk Law＂ and so forth, the interaction between folk regulation and law is also considered as a worthy research model. Starting from folk custom in rural land utilization, the impact of custom on law was investigated, as well as the independent social control function of custom itself, the realistic influence from folk custom to statute law was considered.