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实行改革开放以来,由于对外活动不断增加,我国的法制工作也不断与国际法制相接轨。我国始终将依法治国作为一项基本国策,在法制现代化进程中取得了辉煌的成绩。但我们也应该注意到,在法制化进程中存在的国家法与民间法之间的矛盾与冲突,不但严重阻碍我国法制现代化进程的完善与发展,还对依法治国的基本国策产生一定的影响。出现这一问题的根本原因在于,我国农村经济相对落后,农村居民法律意识相对保守,而且我国法律制度不够完善,目前还存在一定的局限性。我国的法制现代化道路依然曲折漫长。本文通过分析法制现代化进程中国家法与民间法之间的互动关系,试图找到其中的关键所在。
Since the introduction of the reform and opening up, due to the continuous increase in foreign activities, the legal system in our country has also been in line with the international legal system. As a basic national policy, our country has always ruled the country according to law and has made brilliant achievements in the modernization of the legal system. However, we should also note that the contradictions and conflicts between the state law and the civil law that exist in the process of legalization not only seriously hamper the improvement and development of the modernization of our legal system, but also exert some influence on the basic state policy of governing the country by law. The fundamental reason for this problem is that the rural economy in our country is relatively backward, the legal awareness of rural residents is relatively conservative, and the legal system in our country is not perfect enough. At present, there are still some limitations. The road to legal modernization in our country is still long and tortuous. This article tries to find out the key point by analyzing the interaction between the state law and the folk law in the process of legal system modernization.