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文章认为习惯是最悠久和最广泛的社会规范体系,存在于社会空间的每个角落,在人们长期的生产和生活中自发形成并反复践行,根植于社会生活实际,体现社会成员的价值判断和信仰认同,具有国家法所不具备的社会调控优势,但又缺少国家法的效力保障和国家意志体现。国家法对习惯的辩证吸收,使习惯法律化和法律习惯化,两种行为规范良性互动,有助于培养国家法律信仰的民间基础,推进法治中国建设。
The article holds that habit is the oldest and broadest system of social norms. It exists in every corner of the social space, spontaneously formed and practiced spontaneously in people’s long-term production and daily life. It is rooted in the reality of social life and reflects the value judgments of social members And belief, have the advantages of social regulation not owned by the state law, but lack the guarantee of the validity of the state law and the embodiment of the state. The dialectical absorption of customary law by customary law leads to the legalization and customary legalization of customary law and the positive interaction between the two acts, which helps to foster the folk foundation of national legal belief and promote the rule of law in China.