A Study On Application Of Customs In Judicial Practice

Customs are no stranger to the development of society,it arises before the country, being used to guide people’s behavior and ajust social relations. After appearance of the country, customs are absorbed or recognized to a large extent by state laws, however, there are still a lot of customs are being formed or developed, and gradually become parallel with the a system of rules of state laws. Although the state laws are a strong attack which leads to the customs are marginalized increasingly, but the customs still exist indelible. Studying the value of customs in resolving disputes especially in the national conditions of China’s local community-based is particularly important. As a way of resolving disputes,studying the application of customs can further explore the the debugging relationship between customs and statutes, making customs take full advantage of their own strengths to resolve social disputes, to achieve good unity of the legal effects and social effects and promote judicial harmonious.The first section, focusing on the dispute about the concept of customs, analyzing the two theme about the concept, and starting from the perspective of this article demonstrate, accustomed to the concept of an accurate positioning, to laying a good tone for the discussion below. Analysis of the customs and similar concepts can further deepen awareness of the concept of customs.The second section,Start from the legal basis of application of customs in the judicial practice, describing the effect in making up the defects of statute,and explains that customs still has practical significance.That also reveals why the customs should be applicated in judicial practice.The third section, reveals how to apply customs in judicial practice, including the the basic principles of application of customs,how to discover the customs and apply customs, and to explore the rules be followed to apply customs in judicial practice. The forth section, starting from today’s social reality, explores the current situation of China on applying customs in judicial practice,and exposes the factors about application of customs,and seeks the path to improve.