Research On The Relationship Between Customary Law And The National Law

Customary law is simply a kind of non-national informal norms, but in details, how to define Customary law accurately, what features does it has, what is the relationship with the national law and how to deal with the relationship between the national law and the Customary law etc. All of these items will be discussed and clarified in this article and it is of great importance for our judicial practice. This paper has three parts:the introduction, the text and the conclusion, besides,the text is divided into five parts:The first part mainly introduces different theories about the Customary law, based on the summary of these theories, we Propose our own view of the Customary law. The next is the introduction and analysis of the characteristics of Customary law, including regional, informal and non-national, which is the main differences between the Customary law and national law. Then we analyzes the value and the significance of the Customary law including theoretical and practical. Finally, we summarizes three types of interaction between Customary law and national-law.The second part of the text is the analysis of the first type of interaction between Customary law and national-law, that is the confliction of them. Based on the analysis of conflictions of the two, we discussed the reason of this phenomenon in detail.The third part mainly describes complementary characteristic of the Customary law, This is an important basis for positive interaction between the Customary law and the national law.The fourth part is the discussion about the absorption relationship of the national law and the Customary law, Firstly, we introduce this relationship in historical perspective, then we analysis the legislation of our own nation.The fifth,it is also the final part of this article, mainly describes how to achieve positive interaction of the Customary law and national law in practical perspective,then put forward the basic ideas and some concrete proposals in terms of specific legislative, and judicial to promote the relationship between the Customary law and national law.