Discussion On The Combination Of Civil Trial And Folk Custom In Rural Land Dispute

The judicial application of customs is a very important issue, it corresponds tothe requirement that the courts should achieve unification of legal effect and socialeffect of the trial, and also, it reflects the fusion of the legal principle and commonsense in the judicial field and the integration of foreign legal system and localresources. As to the growing of the rural land disputes presently, the parties oftenshow the fierce emotion and express their claims irrationally, which affects thestability of the society directly. It plays a very important role to promoting the legaland efficient transfer of the rural land that, whether the methods of the courts areproper when dealing with the rural land cases. In judicial practice, there are a lot ofrural land cases in that you could not resolve the problem according to the law butintensify the conflict. The reason is that it is difficult to find the equilibrium pointbetween the law and the folk customs. Law is one of the means of social control. Thejudges, who work as the professional group, must settle the lawsuits according to thelaw and pursue to construct and perfect their own legal knowledge system. However,the judges also come from the masses. They are also members of the society whichbased on the law and discipline rite. Their judgments are not only evaluated by theirown views of value, but also inspected and blamed by the society.This paper startswith researching on the background and the significance of the issue. Firstly, itsummarizes the related theory on the types and the characteristics of rural landdisputes, and then, it analyzes the cause of the rural land disputes in detail. At last, itdiscusses the countermeasures and suggestions for the application of the folk customsto the civil procedure of the rural disputes.