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就民间法的研究现状来说,民间法与国家法关系的问题研究一直以来都是民间法研究的重心,而近年来出现了一个特别引人关注的问题——民间法的司法运用。本文认为法律方法作为司法过程的一个基本进路问题,必也将成为民间法研究的一个重点问题。但目前学界对民间法的司法运用问题研究较为缺乏,文中通过运用法律论证的手法对此问题做了简要的论述。
As far as the status quo of civil law is concerned, the research on the relationship between civil law and state law has always been the focus of civil law research. In recent years, however, there has been a problem of particular concern: the judicial application of civil law. This paper argues that the legal method, as a basic approach to the judicial process, must also become a key issue in the study of folk law. However, there is a lack of research on the judicial application of civil law at present in the academic circles. This article makes a brief discussion on this issue through the use of legal argumentation.