As A Habit Of Origin Of Civil Law

Traditionally, our country is a"the decorum and customs"society, the thought of decorum and customs is ingrained and be popular of the people. In our society, particularly in countryside areas, those which adjust the people behaviors to be more is the customs, they are inherited and established by usage the custom, and they have the deep cultural root and the thought root. These habits are not only the basic necessities of daily life with people closely related, but also closely related to social life, such as weddings and funerals, so they plays an important role in solve the civil disputes. The custom has been considered is one of legal origins, many countries have explicitly recognized in the development of customary law as the origin of civil status. But in China, because China's current legislation does not explicitly recognize the custom is one of the sources of civil law, and in practice, many of the problems related to civil habits have not been solved. And people often judgments based on the formation of the mental habits of civil society has a certain gap between expectations, which led to many civil trials eventually failed to achieve the end to the dispute, the effect of service contracting rate complaint.This article revolves around the problem of how does the custom to be the origins of civil law, for example, to solve the bride price in return .discuss the problem of put the custom into the source of civil law. And the passage is generally divided into four parts:The first part discusses the necessary of custom to be one of the sources for civil law. Firstly, distinguish the custom and other related concepts. Secondly, discuss the position of custom in the civil law ,and the reasons for missing were also discussed. Finally, discusses the necessary of custom to be one of the sources for civil law, includes he limitations of law, the implementation of effective and realistic conditions customary.The second part, discusses the legislative origins of the customary introduction of civil law from the perspective of legislation. In the first, elaborates the custom's status in Switzerland, Germany and Taiwan's civil law. In the Second, makes scattered habit of our civil law to be more comprehensive sort. Finally, conducts the research to the bridegroom's gift in our country's historical situation and the legislative evolution.The third part discusses the use of customary methods in practice. On the one hand, with comparative analysis's method to French and the UK-US legal system country, in these countries, custom is mainly in the case law, and in China, the rules of custom often be written in the judicial interpretations. One the other hand, discusses the bridegroom's gifts, and carding the rules in the related judicial interpretation.The fourth part, discusses the problem of put the custom into the source of civil law. Firstly, the comparative analysis used in China to introduce several ways of civil law origin, and their strengths and weaknesses were clear. And the conclusion: By the Local people's courts according to the local actual situation issued "Instruction Opinion",and this is the best way to civil law origin. Secondly, elaborates the significance of the"instruction opinion", and discuss the specific method. Finally, evaluates two cases related custom with the example inspection's method.