Folk Law Judicial Application Of Research

Legal order of a society being in addition to the national law in the form of writtenstatutes, as well as in people’s lives in the formation of the civil law. The civil law is formedamong the members of society interact, contains members of society for the correct behaviorof the basic concepts and awareness among civil law, this civil law internalized in theirbehavior the code of conduct. This paper to explore the concept of civil law, to tease out thecurrent Chinese academic definition of two folk law and civil law is based on the definition ofthe "living law". Then a general definition of civil law, and to its jurisprudence role to play insociety as a whole to understand that their contradictions between modern judges judicialphilosophy statement.This article specifically discusses the plight of the use of folk law in contemporary Chinain the judicial context, specific performance, the use of civil law of comparative level, judgesare generally reluctant to be directly invoked the civil society, grassroots courts more use ofcivil law compared to a higher courtcivil use of the law has a great individual judgescontingency aspects and analysis of the reasons for these difficulties, pointed out thedifficulties civil law use one hand, the civil law itself in the form of defects, on the other handis a judicial environmentunder judge cognitive legislative provisions on judicial procedures,and many other difficulties.Finally, this paper reveals the meaning of the civil law practice clear that civil law for ourjudicial achieve case knot things, to promote harmonious judicial construction, enhance theeffectiveness of the judgment to improve judicial prestige, improve social governance, andpromote social fairnessaspects of practical significance. The text proposed to promotingChina’s civil law judicial use the end result clearly shows that promote the judicial use of civillaw has a positive and far-reaching significance in the moment.