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在我国法制建设由传统向现代变迁的过程中,民事习惯并没有因为法制的现代化而淡出历史舞台,它与国家的制定法在法律实践的过程中发挥着同样重要的作用,从而成为法的渊源,被谓之“活法”而在实践中发挥着法的功能。
In the course of the legal system construction from traditional changes to modern ones, civil custom has not faded out of the stage of history because of the modernization of the legal system. It plays an equally important role in the process of legal practice with the formulation of the state laws, and thus becomes the source of the law , Is called “living law” and in practice plays the function of law.