Research On Application Problems Of Folk Law In Civil Judgment

Since the 1990s, based on the development of the socialist marketeconomy, Chinese society needs lots of law to regulate the new appearingbehavior. But ,because the behavior of our legal research foundation isweak,it is hard to give the legislation theory forward-looking, thatlegislature only through a lot of legal transplant and westerners practiceto solve the contradiction between supply and demand of law. But withthe economic development of China, the pace of social change is speed-ed up, a large number of law can not effectively solve the contradictionsof Chinese society, it cause suspicion on law for the public, it alsoaffected the credibility of the judiciary. Which cannot excluded the eagerattitude in legislation, but mainly lies in not further studies the operationof social culture and law,we underestimated the ability of folk law tosolve disputes.As China legal research group become powerful, the problemconsciousnes that how to make the folk rules play greater utility isstronger nad stronger , a large number of scholars begin to pay closeattention to China's local culture, hope to realize legal localization. So far,the research on folk law, customs, custom rules regulating has formed atheoretical achievements. But the deficiencies is also obviously, thetheoretical research mainly focused on the noumenon of folk law andrelationship between folk law and legal, whith rarely involves theproblem of folk law in judicial application, even fewl study of folk lawtouched the judicial problem of solving disputes ,it also from the angle ofdiversification, considering the litigation mediation is the best way forfolk law into the judicature, and ignore that if the folk law can make greataffect. Based on the present situation,I choose the topic'Research onapplication Problems of Folk law in civil judgment',to explore the wayfor folk law to applicate in civil judicial decisions , and then opening theway for folk law to the justice. this paper include five sections to discusses the Research onapplication Problems of Folk law in civil judgment. The first part is theoverview of folk law, it mainly from the two aspects to study and analysisthe concept and characteristics of the object. The second section discussesthe applicable value of the folk law in judicial decisions. I think that folklaw applicable value lies mainly in three aspects, It is helpful for folk lawin the legal system of supplementary play, It is helpful to improve judicialreferee identities, It can help to realize the judicial target in contemporaryChina. The third part focuses on the current civil judgment of folk law inthe applicable difficulties. Analysis the reason why it is hard for folk lawin the applicable to justice. The fourth part is the background of folk lawin civil law application. I analysis respectively from the folk lawapplication mature in theoretical study of judicial, The orientation of thecivil lawsuit purpose, The Harmonious society, it is not accidently for thejudicial practice folk law of value and in the practice application, it has aprofound realistic background. The fifth part is the core of folk law, it isthe path into civil judicial decisions. The author think that the local lawsapplicable guidance in the regional has many advantages, it can offset thelimitation of law when conbined with regional characteristics, and folklaw has its particularity of the existence of natural implication at the sametime.