民间习俗,是一定地域内人们在长期生产、生活过程中形成的,用以划分权利义务和调解各类纠纷,并且在一定范围内具有一定约束力的习惯和风俗。在人民法院的审判工作中,对民间习俗是重视还是漠视,法律理论和实务界一直存在着不同的争论。本文在调研民间习俗与制定法存在着现实冲突的基础上,在构建和谐社会的语境下,提出人民法院和法官应在推进法治进程的前提下,不断提高审判能力,做到善治。在剖析民间习俗与制定法互动可能性和必要性的基础上,文中着重探讨了民间习俗在基层法院审判中合理运用的对策。 Folk custom is a kind of customs and customs formed by people in a certain area during their long-term production and living process, which are used to divide rights and obligations and mediate various disputes and have certain binding within a certain scope. In the people’s court trial work, whether folk custom attaches importance or indifference to the law theory and practice circles there has been a different argument. On the basis of investigating the conflict between folk custom and statute law, under the context of building a harmonious society, this paper proposes that people’s courts and judges should constantly improve their judicial ability and good governance on the premise of promoting the process of rule by law. Based on the analysis of the possibility and necessity of the interaction between folk custom and statute law, this paper focuses on the countermeasures that the folk custom should be rationally used in the trial of grass-roots court.