Judicial Process Of Civil Law

The folk law has attracted a lot of attentions of the jurists in recent years. The researches on the folk law are complex, but there are only a few of investigations from the view of justice. This article is the expatiation about the folk law in the judicial process. Chapter 1 is about the current status of the researches, pointing out the significance of the investigation from the view of judicial process and explaining some questions about this article. Chapter 2 is analyzing the applications of the folk law in the judicial process. Firstly, to observe how the folk regulations in the society comes into the judicial process. The basic process is that when people thinks he is hurt according to his sense formed in the daily life, he will bring the folk law into the judicial process by indictment or rejoinder, if the conflict can not be solved in the community. Secondly, the application of the folk law in the judicial process will be illustrated, which focuses on the asserting the fact, looking for the norm and enhancing the persuasion. Thirdly, the application of the folk law will be expatiated in the perspective of the trial results. Fourthly, the influences of the folk law on the parties and on solving the dispute will be explained, and the embellishment of the folk law in the application will be analyzed. Fifthly, the functions of the folk law in the judicial process will be summarized. Chapter 3 will return to the folk law itself and elaborate the folk law from different perspectives to elucidate its rationality. The existence of the folk law is a fact which exists in particular circumstances. The rationality of the folk law will be comprehended in the perspectives of sociology, economics and culture. Chapter 4 will analyze why the folk law can be applied in the judicial process. Firstly, the dilemma which the folk law has been facing will be pointed out. The embarrassments are from the system, the idea and the folk law itself. But there are also the feasibilities that the folk law can be applied in the judicature. The feasibilities can be explained in the dimensions of legal sources, legal system, the rationality of the folk law and the practice. Chapter 5 is about the position of the folk...