传统民间法以和合精神为指导处理家庭、宗族、乡党等关系,强调和睦、合约与和谐,在秉承义务本位的同时也强调有限的权利义务对等,其与和谐社会和法治建设有一定的契合之处。民间法根植于活生生的乡土生活,是乡土社会自发性、地方性的资源,且因乡民的内心确信而具有实效性,在建构乡村秩序过程中能够发挥国家法尚难起到的作用。基于此,在乡村社会治理中,既要重视国家法对民间法有益内容的吸收,注意二者的协调;同时又要注意发挥民间法在解决纠纷、维护和形成和谐乡村社会秩序中的作用。 Traditional folk law takes the cooperation and cooperation as the guidance to handle the relations such as family, clan and villager party, emphasizes harmony, contract and harmony. While adhering to the obligation standard, it also emphasizes the limited equivalence of rights and obligations, which has certain relations with the construction of a harmonious society and the rule of law Meet the place. Folk law, rooted in living native life, is a spontaneous and endemic resource of native society. It is also effective because of the villagers’ inner conviction, and can play a role that national law can not play in building the rural order. Based on this, we should not only pay attention to the absorption of the beneficial content of the civil law by the state law, but also pay attention to the coordination of the two. At the same time, we should pay attention to the role of the civil law in settling disputes and maintaining and forming a harmonious rural social order.