Application Of Folk Law Judicial

Justice is the eternal pursuit of justice. With the development of social pluralism, the law of state has been unable to meet the diverse needs of the judiciary. So as a civil law which set up on the peasant society, and absorb the value of diversity needs of the people the advantages of the role of civil law gradually revealed. Although social norms of civil law as a dispute resolution plays in important role in the fact that there has been widespread, but on civil law concepts, nature and how it applies specifically to issues such as national law, in theory and design of the system are not uniform point of view. The focus from the judicial point of view of civil law applicable to judicial application of the theoretical basis and the specific ideas put forward their own way.In this paper defines the concept of civil law, based on the analysis of the existence of civil law legal pluralism and pluralistic structure of the theory and the practical needs of society. Secondly, the use of comparative analysis of China's civil law applies to foreign civil law tradition and the application of the theory and practice a brief introduction. At the same time carry forward our tradition of judicial history and learn from advanced foreign experience in civil law for the basis of justice, combined with the reality of our situation on the civil law is proved to the initial idea for the judicial application of civil law provides a premise. Finally, the author of the current judicial system based on the design and operation of specific judicial syllogism, namely, choice of law and legal reasoning from the different stages of the judicial application of civil law system. And size the idea and made a Court Annexed Mediation allows the court mediation and civil mediation state law to achieve a rational and flexible complementarily between civil law, to ensure the realization of justice.