Talk About The Our Country Theucaapplication Of Folk Habits

Trial practice, the customs and habits of the national law often conflict, so theoutcome of the trial may not be obtained the identity of the parties.Passed fromgeneration to generation, folk customs have been rooted in the concept of the race andsocial life, in the long period of accumulation, a particular social group chose this orthat customs and habits of these folk customs embodied experience of the people tosolve various problems,characteristics of stability, continuity and authority of thewisdom of nations, and is increasingly becoming the widespread use of the region,recognized legal style. This is the customs and habits of the social basis, is also thefoundation upon which national law.Therefore, the folk customs and state law conflicts resulting. National law onlyproduced in the private sector, and accept the inspection and evaluation of thecommunity, to the role of law in order to achieve its social effect you want to achieve.Customs and habits helps to regulate social order, national law with the customs andhabits. On the contrary, the customs and habits of the same need to rely on state lawas its backing to show its authority. Over-reliance on the means of control of thenational law, let alone manage social, ignore the customs and habits, cause theimbalance of the mechanisms of social control, and want to achieve the optimal effectwhen the dispute has arisen, and can not achieve. This case, on the one hand, maylead to the growing number of legal provisions, the court’s decision can not be socialidentity, on the other hand, but also make the regulatory role of the customs andhabits of neglected. Therefore, we need to attach great importance to this interactioncompatible with the complex relationship between national law and customs.Therefore， the use of comparative analysis， value analysis， summarized in acomprehensive method to study the customs and habits of the customs and habits ofthe meaning of the distinction between defined for the possibility and necessity ofjudicial practice，and the status quo in the process of the application，a complete set ofcustoms and habits of judicial proposal for customs and habits better apply to judicialpractice， to obtain a satisfactory social effects and judicial effect。...