Thesis On Judicial Application Of Folk Customs

Since nineties of 20th century, research on custom law or folk law which is different from statutory law has become a hot topic in the legal circle of our country. However, judicial application of folk customs has not obtained enough attention from people. In judicial practices, the judges generally lack enough self-consciousness about the process of importing folk customs to judicial verdict. Therefore it is of great value to do a deep research on the judicial application of folk customs under the condition of current Chinese law and justice. This essay firstly analyzes the meaning and characteristics of the folk customs and the feasibility and limitation of judicial application of folk customs, and then put forward the idea of importing folk customs into the civil justice, and illustrates that the folk customs applied in the judicial justice should be good, complementary and statutory. Meanwhile, the essay explains how to realize the interaction and balance between modern justice and folk customs from systematic construction and individual case justice, and mentions that reasonable interest should be cultivated in terms of value, rational thinking model should be fostered in terms of logic, multiple dispute solution system should be built in practice, sound evaluation platform should be designed systematically and the distinction of folk customs should be defined for in terms of judgement.