我国民间制度的法文化透视

我国民间制度在一定程度上显示出国家法律的标志和功能,因而具有国家法律的性质;法与文化密切相关,我国民间制度是人们传统经验和另类理性的历史积累,是民间文化的法律传承,具有深厚的文化意境;法律多元必然导致冲突,冲突的客观结果是一种文化妥协的秩序,因而在法的制定和实施方面进行法文化的沟通和整合,有利于缓解冲突,建设和谐社会。

An Examination of the Law Culture in Our Nongovernmental Systems

To some extent, our nongovernmental systems can serve as a mark of and reveal the function of our law. Therefore, they are tantamount to law in essence. Our nongovernmental systems, historical accumulation of traditional experience and other rational knowledge, are the legal heritage of folk culture and have rich cultural meanings. The diversification of law will inevitably lead to conflict whose objective outcome is an order as a result of cultural compromise . To conclude, association and integration of law cultures in the making and enforcement of law are conducive to easing conflict and building a harmonious society.