全面依法治国背景下的基层法治建设与民间法再造

Grassroots Legal Building and Rebuilding of Folk Laws against the Background of Comprehensive Law-based Governance of China

全面依法治国背景下的基层法治建设面临着国家法与民间法的碰撞,然而民间法与国家法并非水火,民间法根植于乡土社会,旨在规范民众行为,与国家法形成互补,既有助于国家法发挥统合基层社会的作用,也有助于促进社会治理现代化,还可以培育基层社会崇尚规则的习惯。在实践中,再造民间法并实现国家法与民间法的互动,可通过律师下乡、完善调解制度与强化基层党组织建设等来实现。

Grass-root legal building against the background of comprehensive taw-based governance of China is confronted with the clash between state laws and folk laws, yet these two are not totally incompatible with each other. The folk laws are rooted in the local community, with an aim to regulate the behavior of the public, in a mutually-supplementary relationship with the state laws. They can help state laws in playing the role of grass-roots social integration, promote moderniza- tion of social governance, and cultivate the habit of rule-compliance in grassroots communities. In practice, the rebuilding of folk laws and the realization of interaction between folk laws and state laws can be achieved by sending lawyers to serve the rural areas,improving the mediation system, and strengthening the building of grassroots CPC organizations.