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引言:问题的提出在强调自治、平等、效率与和谐的私法领域,民间法、习惯(法)的适用对于界定产权归属、解决产权纠纷以及促进产权流转等问题具有重要的价值和意义。因为经济改革的理论和实践证明,一个和谐高效的产权秩序既得益于正式制度(如法律、法规和政策等)的调整安排,同时也有赖于非正式制度(如习俗、习惯和惯例等)的配套支撑。“在任何社会,产权体系都是经济和社会互动的基础。产权植根于习俗”。法经济学的思路,在近年来我国的物权法理论和实践中得到了一定的重视。其表现
Introduction: Proposing the Issue In the field of private law emphasizing autonomy, equality, efficiency and harmony, the application of folk law and custom (law) is of great value and significance in defining the ownership of property rights, settling disputes over property rights and promoting the circulation of property rights. Because the theory and practice of economic reform have proved that a harmonious and efficient property rights order benefits not only from the adjustment arrangements of formal institutions (such as laws, regulations and policies), but also from the informal institutions (such as customs, customs and practices) Supporting support. “In any society, property rights systems are the foundation of economic and social interaction. Property rights are rooted in customs.” Law and economics ideas, in recent years, China’s real right law theory and practice has received some attention. Its performance