民间法司法化之价值及其实践——从司法公信力切入  

Folk law's Judicial Value and Practice: in the View of Judicial Credibility

作　　者：李义辉[1] 

机构地区：[1]中南大学法学院,湖南长沙410012

出　　处：《原生态民族文化学刊》2015年第2期72-79,共8页Journal of Ethnic Culture

摘　　要：审判之法律效果与社会效果的统一,司法公信力之提升乃法院倾心倾力之追求。但因诸多因由而致司法公信力不高甚或缺失情形不时发生,其缘由之一是国家法与民间法及各自追寻目标之冲突,故在强势国家法主导下的司法领域中融入民间法乃改变此不良境况之一努力方向,且此做法在司法实践中已是蔚然成风。民间法于司法实践之价值毋容置疑,然其负面成效,包括对司法改革的冲击,亦不应闭目塞聪,继而使得民间法司法化保障人之权益,维护司法权威,不失行之初衷,不离法治之道。The unity of legal effect and social effect of trial, and the judicial credibility of ascension are the pursuit of the court. But because of various reasons, judicial credibility is not high or even missing, and these cases occur from time to time. One of the reasons is that the conflict between na- tional law and folk law, as well as the pursuit of them are also different. So the judicial field dominated by the strong national law integrating into folk law is one of the directions to change this bad situa- tion, and the practice in the judicial practice has become more common. The value of folk law in the judicial practice is no doubt, however, its negative effect, including the impact on the judicial re- form, also should not be ignored, which in turn makes the folk law judicial safeguarding of rights and interests of people, safeguarding judicial authority, and does not break line of the original intention, not leave the rule of law.

关 键 词：司法公信力 民间法 国家法 价值 实践 

分 类 号：D92[政治法律—法学]