Research On The Significance Of Custom To Improve Contemporary Chinese Law

Affected by feudal thoughts and foreign culture invasion, legal reformation in China is not accomplished dependent on its own internal factors. After reform and the open-door policy, economic in China has changed tremendously; thousands of laws were made in decade. It is said that legal system with Chinese characteristics has initially taken place. However, all these are based on transplant of foreign legal system. Until now, in the 21st century, Chinese legal system is still with the lingering cultural brand.The cultural adaptive problem resulting from alien law culture reference under special historical background in law establishment and implement has been occurred disadvantages (i.e. crash of some civil customs), which makes us to confront those deficiencies in terms of law establishment and implement of China.This thesis was divided into four parts to discuss the significance of custom to improve contemporary Chinese law.The first part mainly discussed definitions of the relationship between custom and state law, and their significance on legislation and jurisdiction. Firstly, by originating the related definitions and theories for custom, customary law, folk law and state law help us to clear out the basic line of the field how to study folk law and to found the theory bases of doing better and further research. Secondly, elaborating the significance and value given from custom to nation on legislation and jurisdiction side is also one of the key points on our thesis try to discuss.The second part focused on the history that how the custom obtained a legal status and the embodiment in legislation and jurisdiction, through the research on the most representative foreign countries which is France, Germany, UK and Japan. They help us to learn and provide a new perspective and path for modernization of the Chinese legal reform.The third part was in the respect of process of Chinese modernization of the legal reform and the situation about customs becoming to a part of the law in Taiwan area which was coming down in one continuous line with other Chinese area. So as to investigate the traditional that our country taking importance on custom and enhancing. To make the history as the mirror, we could find the method to make the current law of country better.The fourth part, which is based on the foregoing three parts, in consideration of our specific conditions, probes the integration and collision between present custom and state law, and the origin from which it is generated. Also this part concerns the value of custom on our reforms in legislation and jurisdiction. The author, who associates her experiences both in Chinese custom and foreign custom, presents her advices and opinions on reforming the national legislation and justice of custom, for discovering the way to improve national law by the custom.