从习俗、规则到法律,这是法律形成的一般路径。但是在现代社会,由于立法路径的拓宽,通过法律移植而建立起来的制定法系统,往往忽略了法律的本土资源,即忽略了对本国民间习俗、规则,乃至习惯法的重视。其直接后果是,在某些领域国家法的缺失带来了民间规范的介入。因此,重新审视民间规范和传统法律体系的价值成为必要。对藏族民商事规则的调研说明,在现实生活中,民间规则和制定法自有生存空间,各有价值,并且彼此呼应,相互补充。只有将法律移植和本土资源有机结合起来,才能实现法治的整体价值。 From the custom, the rule to the law, this is the general path of law formation. However, in modern society, due to the widening of the legislative path, the legal system established through the transplantation of law often neglects the local resources of the law, that is, ignores the emphasis on the customs, rules and even customary laws of the country. Its direct consequence is that the absence of national law in some areas has led to the involvement of civil norms. Therefore, it is necessary to reexamine the value of folk norms and traditional legal system. The investigation of Tibetan civil and commercial rules shows that in real life, private rules and statutory laws have their own living space, each valuable, and echo each other and complement each other. Only by integrating legal transplantation and local resources can the overall value of the rule of law be realized.