The Study Of The Folk Custom In The Judicial Process

In china, family that is characterized in paternal line and regionalism is the primary unit of a society. Following the development of the history, this blood relationship has displayed and precipitated in the forms of patriarchalclan system and has influenced the Chinese law greatly. the folk regulations has a special functionin keeping the public order. This essay is divided into four parts. In the first part, the author tries to give a fundamental explanationon folk custom including its definition, character and as the law origin validity. In the second part, the author point out the dilemma which the folk custom has been facing under present judicial system, so that brings it in the judicial practice the suitable confusion. In the third part,the author put emphasis on the position of the folk custom in the judicial practice, analyzes its concrete status.In the fourth part, the author analyze how to solove the problem.The author takes a writing method that is integration of theory with the practice and gives many cases to further explaining the function of the folk custom.The purpose of this essay is to appeal that we should assimilate nutrimentand make use of folk custom to help construct our country by rule of law.