The Conflict Between Customary Law And Statutory Law Of Court Mediation

This article discusses that in today's statutory law increasingly perfect and customary law of long-standing, the current court mediation system is playing a positive role in resolving the conflict between customary law and statutory law, and gives advices on how to improve and develop court mediation system.Firstly, the author analyses the concept of customary law, generalizes the connotation and denotation of customary law, introduces the main species of current law, and demonstrates customary law existing long-term. Since customary law and statute law have different theoretical basis, leading to its inevitable conflicts, this article illustrates the different manifestations conflict, further puts forward the effective ways to solve the problem, namely, court mediation system. Then, it introduces the development of history and current mediation court mediation system, explains the conflict between customary law and statutory law of court mediation, and proves in solving these conflicts of court mediation function.Thirdly, the article summarizes the current court mediation system in practice should be followed in several basic principles. It should be recognized that the current court mediation system is not perfect; there are many defects to be paid more attention in judicial process and in the legislation, and how to perfect the court mediation system has been put forward some workable solutions. Finally, emphasize mediation, especially the court mediation in common law and statute law conflicts enables enacted law and common law in extent get compromise and cooperation. On one hand it is helpful for completely solve disputes, on the other hand it has positive significance on spreading modern idea of rule of law, combining the purpose of legal transplant achievements and local outstanding law resources, and realizing chinese characteristic socialism government by law has positive significance.