伴随着依法治国进程的开展,“法治”已成为时下法律理念的核心,然而对我国这样一个具有浓厚乡土社会传统,长期以家族为社会的基本单位的国家来说,推行个人本位的法律理念效果并不理想,甚至阻力重重,主要原因之一是自发产生于中国社会的“礼”在发挥作用,因此在法治建设中研究礼与法的关系及其各自发挥的作用,并探索现代法律如何在从家族本位向个人本位转变的潮流中取舍,处理好传统与现代礼与法的关系具有重要意义。 Along with carrying out the process of governing the country according to law, the “rule of law” has become the core of current legal concepts. However, for such a country as China, which has a strong tradition of local society and a long time a family as the basic unit of society, the promotion of a personal-based law One of the main reasons for this is that ideality is not ideal or even resistance is mainly due to the fact that “courtesy”, which originated spontaneously in Chinese society, is at work. Therefore, we should study the relationship between courtesy and law and their respective roles in the construction of the rule of law. How modern law changes from family-based to individual-oriented trade-offs, dealing with the relation between tradition and modern etiquette and law is of great significance.