Crash, Limit, Integration: Response And Cushion To Modern Judicial Administration

As a behavioral convention and guide with special meanings in Chinese people's social life, folk conventions have profound bearings on balancing interests and coordinating disputes and conflicts. Against the general background where harmonious judicial administration and social life are aimed, study on the application of folk conventions on the judicial aspect is of substantial practical significance in resolving conflicts, realizing social recognition and upgrading judicial authority. Deriving from the Friedrich Hayek's'Spontaneous order'theoretically, starting from the current situation of folk conventions in judicial practice and based on the comprehensive study on folk conventions, the author proposed the categorizing standards of folk conventions and embodied it with a categorizing spectrum; finally, the author carried out research on the approach of judicial introduction of folk convention, how to fathom the relationship between the application of folk conventions and imperative enforcement and the nodus in civil action practices with the purpose of standardizing and guiding the judicial judges to flexibly apply folk conventions in their decision in a better manner so as to propel and stimulate the construction of harmonious society.