Civil Law As A Source Of Law Study

Along with the propulsion of Chinese rule of law progress, the legal system isincreasingly perfect, but the operation of the law didn't obtain an expectation.Many legalnorms can't be effectively operated. The phenomenon of the evasion of law has occured.Inorder to push forward the Chinese rule of law construction betterly, a lot of scholars start toprobe into the possible contribution that the folk law is a kind of resources to the rule of lawwith law diverse theories for the foundation.From the stand of the rule of law, this textinquiries into the position and the way of the folk law as the sources of law putting togetherthe folk law theory with the sources of law theory .The folk law means two things.One is thenorm that functions like norm of law but is not established or approved by the nation instead itis created by various associations or people who live in the city or the countryside.The other isthe customary law which is established by accident The customary law in this text onlymeans the customary law which has not been approved by the national law not including thepart which has been approved by the national law. From different points of view ,we mayunderstand the sources of law differently. From the position of the legislator sources of lawmeans the origin of the content of the law norm.In other words ,what is the law or the lawsystem based on?On foreign law,folk law,judicial precedent or law theory etc.From theposition of the judge it means the material on which the judge makes his judgement.It is alsocalled the judge's legal source.The judge's legal source can be divided into formal sources oflaw and informal sources of law.On the history, all countries all give a value to the positionof the folk law,such as Rome,French and Britain etc.We can not neglect the value of the folklaw to the sources of law.It is very important to the development of the law and to theconstruction of a country under the rule of law. Our country's drawing lessons from othercountries and areas more than from our own resources on legislation and neglecting theabsortion toward the folk law result in currently the predicament of the rule of law.We used tothink that only formal law which comes from the nation is sources of law .We deny thejudge's power to the law explanation and deny the folk law as one of the informal sources oflaw.This results in a deadlock of judicatory.On one hand the judge has no power to explain the...