论习惯法与国家法的辩证关系

习惯法与国家法之间的关系主要表现为两个宏观方面，一是理论形态方面的关系，二是实践形态方面的关系。理论形态关系的实质方面包括共生关系、互补关系、对立关系，形式方面两者也诸多联系与区别。实践形态关系有立法接纳、立法变通和立法取缔三种，司法（执法）方面有互不干涉、相互排斥、相互渗透、对习惯法的规制。两种形态体现出习惯法与国家法关系的复杂性和辩证性。

On the Dialectical Relationship between the Customary Law and National Law

It is manifested that the relationship between customary law and national law is mainly showed from two macro aspects： theoretical form relationships and the form of practice. Theoretical form of the substantive aspects includes a coexistence relationship, mutual compensation relationship, antagonistic relationship and adjustments in their respective fields. Moreover, there are some of connection and difference on the forms relationship between them. The practice patterns include the acceptance, the modifications and ban. In justice （law enforcement）, there are mutual non -interference, mutual exclusion and mutual penetration. Customary law moves closer to the national law and national law regulates customary law. Two forms reflect the complexity and dialectical relationship between customary law and national law.