| Social harmony and the rule of law is a long complicated process, but also a process of resolving contradictions, which requires courts of justice to do the legal effects and social effects of unification. However, China is a traditional sense, "custom" in the social, legal, society can not solve all the conflicts and disputes presented, other than the goodness of customs law due to voluntary choice and portrayal of real life and reflect even more can be recognized and observed in the trial courts play an important role in practice. Research on the good customs forGood customs and the problems of the existing legal relationship has been the focus of their research, the current academic circles good customs of the civil justice research in the Utilization of the lack of, in particular the good customs of the civil judicial application of systematic and specific methods of the comparative lack of justice. In view of this, I try through the concept of good morals, character, and existing laws, good customs and values in judicial practice, feasibility, and obstacles and the path chosen for superficial analysis, to start a discussion immediately, and draw attention to good morals China Matter of justice for the attention and concern. Based on this, the paper is divided into four main parts, the basic framework and main contents are as follows: the first part of the concept from the good customs and characteristics of the description and the special relationship with the state law; the second part, through good customs in the civil justice practice, the value and possibility of analysis to reveal the good customs in the legitimacy of the use of civil justice; third part from the practice of good morals in the judicial analysis of the status of and obstacles to good customs of the civil justice dialectic use issues. The fourth part from the concept, mechanism, the three aspects of judicial policy, good customs of the civil judicial practice in the path of choice. |
PDF Full Text Request