Study On Folk Customs In The Use Of Civil Trial At Harmony Judicial Perspective

Since the reform and opening up, as the establishment and development of China's socialist system, the process of the rule of law gradually speeds up, the social order under the control of the law is gradually on the right track. However, the urban-rural dual economic structure still exists in most parts of our country should not be overlooked, the social norms rooted in the tradition of these areas are still largely constraining the conduct with the people, guiding the acting direction of people.Supreme People's Court Wang Shengjun proposed "three first", people's court must work to promote social harmony as the most important goal to pursue. At present, in background of the "harmonious society" and "building a harmonious society", we should pay attention to those in civil life in the spontaneous formation that has a socially recognized and self-binding rules of society, those are the folk customs this article refers to. We used folk customs to the civil trial moderately will not only help resolve the disputes, and help to improve the social recognition of judicial decisions, promote judicial harmony.At present there is more theoretical research in the folk customs field, while the empirical research and technology program are over lacked. In this paper, we will set to start the application in five parts of the folk customs in the civil trial. The first part defines the scope of folk customs, habits and good comparative, analysis the similarities and differences between folk customs and civil law; Then the second part of the launch analysis the necessity and feasibility of the folk customs in a civil trial, folk customs can make up loopholes for the use of legal, can improve the efficiency of the trial, then the judge discretion can be reasonably reflected. Folk customs used to apply the trial is the need for harmonious social and recognition of justice, while some foreign legal practice that apply to the folk customs of justice provides a good reference, in our current social transformation, folk customs and system method will complement to serve our country's harmonious justice; The third part will focus on the use of standardized building mechanisms of folk customs in the civil trial, from the folk customs compile, the types of folk customs research, folk customs of local norms and customs and habits cases guiding norms of existing folk customs of the four point of view, to make it more systematic and standard way used in civil trials; Fourth part of the folk customs in the civil trial is the procedures used ideas, from the trial, judge and implementation three aspects of the program design, how to start the use of folk customs, how to identify, how the judges recognized folk customs, that are problems to be solved this part. In the process of judges to make judgments on the folk customs, were adopted to apply reason in the decision to find a suitable space is a reasonable use of the folk customs of judicial end. In the implementation, the judge must pay attention to the spirit of the folk customs content of use to a reasonable place, to comply with the various modifications the principles of; the implementation of to the implementation could be carried out and achieved good social effects. The final part of this article focuses on a series of supporting measures in the use of the folk customs in the civil trial. To make the judicial use of folk customs of the society to achieve the desired effect, to ensure funding for the corresponding system of incentive measures such assessment should gradually follow-up, provide protection for the folk customs application in the civil trial, but also conducive to China's harmonious justice goals.