The Feasibility Of The Use Of Folk Customs Of Justice Based On Judicial Practices In Jiangyan People's Court

People judge the case based mainly on State Law, but not to a blanket exclusion of folk customs. Influenced by the "leftist" thinking, theory and practice circles before the reform, many people prefer to evaluate the folk customs from the political point of view and also think that in the folk customs exist a large number of feudal and superstitious things that run counter to the requirements of the rules of law and should not be respected or be invoked in the national judicial activities. So in theory there are disagreements and disputes that the trial judge invokes the folk custom of "judge-made law"; in the process of judicial activities, the trial judge is in a dilemma because they cannot say but do and cannot sentence but adjust.But the facts speak louder than words. Jiangsu Province People's Court's judicial practice Jiangyan gives a compelling answer. So, under the background that the contemporary Chinese society is in transition, is it feasible to introduce the folk customs of judicial activities? How do the folk customs in judicial activities play a role and what role can they play? I believe that, in contemporary Chinese law and judicial conditions it is obviously valuable and significant to make an intensive study of the judicial use of folk customs. In the standard sense, folk customs to enter the trial fields is based on existing laws such as civil law trials, contract law, property law. In the sense of value, folk customs are the standards of behavior which generate in long-term natural course of social interaction. Compared with the law, folk customs can better reflect people's social law rights, and are with more legitimacy of some value, therefore, in judicial trial court folk customs ought to be respected and reflected. From point of view about the effectiveness, to introduce the folk customs in the judicial process meets the practical requirements of a legitimate and reasonable and can effectively resolve social conflicts and disputes, which is undoubtedly a useful judicial selection. This paper attempts to introduce good morals Jiangyan Court civil trial and execution of the practice, analyze the problem with the empirical research methods and theoretically discuss its feasibility of use in the judicial field.