出自国家的具有普适性的清晰的能够具体操作的规范是国家法,相反出自社会的自发形成的具有地方性和模糊性的内控性规范则是民间法。民间法的产生和存在有着深刻的历史渊源和现实原因。在中国渐进性的法治建设过程中,由于各地区发展的不平衡性与复杂性决定了消解国家法与民间法的矛盾与冲突是一个长期的过程。 It is the national law that the universally applicable norms that can be operated by the state are national laws. On the contrary, the local and ambiguous internal control norms formed by the society spontaneously are the nongovernmental laws. The emergence and existence of folk law have profound historical origins and realistic reasons. In the course of the progressive construction of the rule of law in China, it is a long-term process because of the imbalances and complexities in the development of various regions that determine the contradictions and conflicts between the national law and the civil law.