On Coordination Of Law And Custom

The correlation between law and custom is a brand-new subject in China' s law theory. Since the beginning of 1990' s, some scholars gradually turn to do some research on the subject from various angles and make a definite evaluation. However, as things are at the moment in jurisprudence, most of the scholars are studying only on custom or customary law, and less of them on the correlation between law and custom, especially in the process of the construction of rule of law in China. The article considers that the correlation between law and custom is a basic theory issue in law theory and an important basis of establishment of object of rule of law and its formulation and enforcement in our country. The article bases on the reality of law and custom, explicates the inevitability of coordination of law and custom with the means of joining of logic and historicity, and demonstrates that the coordination of law and custom is the important road of building our socialistic country of rule of law with factually way at present, and it has a magnificent practical meaning on improving construction of rule of law during new period of China.The article consists of three sections. The first sectioncomments on the points of view of the custom of capitalistic scholars, and points out the factors of reasonableness and unreasonableness in their theories and concludes tentatively my own definition of custom.The second section mainly illustrates the theories and realities of the relationship between the law and custom, it deals with the Marxist theory of law and custom first and with the theoretical meaning and practical value of coordination of law and custom from the aspects of evolution and realization of law later.The third section puts forward jurisprudence thought and suggestion on carrying out the coordination of law and custom. The author concludes there are different relations between law and custom at the different stages in China' s history through the inspection to history of law and custom in this section. Finally, it puts forward some countermeasure and suggestion on the coordination of contemporary law and custom especially on object of rule of law and its formulation and enforcement in China.