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电影《审牛记》反映了我国基层民众对于现代法律的陌生认识和盲目推崇,与之相应的案件在现实中反复上演。在基层生态里双方走向争讼具有必然性,国家法的不当干预导致了这种争讼两败俱伤的结局。国家法具有解决纠纷的无力性和解决结果的严酷性,这是国家法先天存在的双重局限。民间规范对于基层纠纷的解决具有独特的优势,其与国家法两者互补互促的关系将会使二者在各自领域内发挥功效,共同为国家法治事业贡献力量。
The movie “Reviewing the Beat of the Cow” reflects the unfamiliar understanding and blind esteem of the grassroots people in our country for modern law, and the corresponding cases have repeatedly staged in reality. At grassroots level, the two sides have the inevitability of going to the lawsuit. The improper interference of state law has led to the outcome of such a lawsuit losing both. The ineffectiveness of the state law to resolve the dispute and the harshness of the outcome of the resolution are the double limitations of the inherent existence of state law. The civil norms have unique advantages in settling grass-roots disputes and their complementary and mutually reinforcing relations with the national laws will make both play their respective roles in their respective fields and jointly contribute to the country’s rule of law.