On The Significance Of The Customary National Law Source

In most cases, object of law studies is concerned with national law, and juristsoften hold some nationalistic opinion of law. The method to develop as the center ofthe nationalistic opinion of law has its own reasonable, but it overlooks an importantfact, that is, in a wide range of global environment, conflict between the westernlegal system overall transplant in China society and traditional culture in theformation of the Soviet forces say civilization, this conflict is represented by Chinalegal system itself. Customary law as a carrier of local legal culture, as a kind of legalorigin of traditional culture, can serve as a bridge between the old system and theconcept of value in the rule of law process, and make sure people form of law, so asto establish a modern system of rule by law. In fact,"French Civil Code" appearance isdue to the1789revolution thoroughly reform the feudal legal system, thebourgeoisie immediately begin to draft a suitable for the uniform civil code,Napoleon in the establishment of government then appointed foursome CodificationCommittee, started the drafting of the civil code, the with distinct revolutionary andthe time code is a product of revolution and compromise, take the Rome justice asthe foundation, to reasonably arrange the sequence, generalization, clear andstandardized expressions for the technical style, fusion of classical spirit of law, bothcustomary law and Rome law, is a collection the French native resources andadvanced law culture, is a concentrated expression of the French national spirit, butalso a vital code. The French civil code from1804promulgated so far, aftercomplement and revise continuously, still passes the French national. The remarkablelife. The author and civil law as the research object, and not want to study Frenchspecific system, but through the theory to explore the French civil code in thedevelopment process is used as a source of the one, to better promote the localresources with customary law and law culture. This is the law of civil vitality. As to theconstruction of rule of law put forward their own enlightenment.This thesis is concerned with the customary law, more precisely, is thecustomary law in civil code of France. Study on customary law of the French civil code in the view of theory and practice respectively from the two aspects. Therefore,the basic framework of this paper can be divided into four parts: introduction; thelegislative origin of Napoleon code; codification of customary after subsequentdevelopment in France enlightenment law; civil law codification of ChinaThe first is the introduction part. Described in the introduction part mainly is theorigin, significance, current situation, the expected research results and innovation aswell as the research content of customary law.The second part is the Napoleon code legislation traceability. First discuss theNapoleon code law review. The three sections discuss the origin, the Napoleon coderespectively is: Rome law, customary law, royal decree, canon law and the judicialprecedent. Are detailed instructions on the unification of private law effect? Finally,the fifth section is the summary of this chapter; the French civil code is a uniquecombination of Rome law and custom.The third part is the codification of the habit after subsequent development inFrench law. Codification, state law has become one of the main constraints peoplespecifications, as social norms of customary exile. But later, habits of the Renaissancemore reflected in the judicial process.The fourth part is the enlightenment part. To restate the enlightenment partvalue of the ideal of the rule of law and customary law, examine the re on therelationship between customary law and state law. Brief summary of contemporaryhabits play in order to improve the national legislation of enlightenment, points outthat the rule of picture of the ideal and customary law in the construction of rule oflaw of value is more embodied in the judicial sense.