社会自治的民间法资源

社会自治以消极自由权为依归,并以民间社会与政治国家的分野为制度前提,主要表现为契约关系的社会权力是社会自治的基础,也为民间法确立了效力前提。民间法的效力根据还包括民间法规范符合社会主体的需要,并具有自然法意义上的价值基础。民间法实效就是民间法效力的彰显,依赖于社会权力、主体需求和自然法价值。社会自治意义上的民间法资源主要包括民间习惯法、道德规范和民间组织的内部规则。

The Resources of Folk-Law for Social Autonomy

The rights of negative liberty are the aim of the social autonomy, which is based on the dividing line between the civil society and the political country. The social power, which is characterized by relations of contracts, is not only the foundation of the social autonomy but also the effective premise of the folk-law. The effective grounds of folk-law include the rules of folk-law according to the demands of social subjects, and have the valuable base in natural law. The efficacy of folk-law which depends on the social power, the demands of the social subjects, as well as the values of natural law, is appear of the effectiveness of the folk-law. From the social autonomy, the resources of folk-law consist of folk-habits, moral norms and the internal rules of social organizations.