Research China Customary Law From The Perspective Of Typology

Study on customary law is the comprehensive study on a crossing law, sociology, ethnology, history. In recent years China’s customary law has made great progress and achievements. But the Chinese customary law not to "mature", but in the entered the bottleneck period studies."". The main problem is the study of customary law in China shows fragmentation, the scholars "research methods and analytical framework for understanding each are not identical, it is difficult to form an effective dialogue. Factors such as the social research methods in the traditional literature research and empirical studies also cannot achieve a satisfactory fusion; as in the theoretical achievements are simple limit in the "virtuous interaction" the state law and the customary law suggestion; analysis framework such as the study of Chinese customary law is still a western style, easy to simply copy the western theory to interpret and analyze Chinese traditional culture. Review and Reflection on the whole study of Chinese customary law of these are in urgent need of an external.The types and thinking is in recent years China jurisprudence is a popular research method, by the majority of scholars, especially on the traditional legal culture China esteem. Compared with conventional method, normative, concept, types of thinking has its unique advantages, but it is undeniable that type of thinking and methods to the study of Chinese traditional legal culture also has its partial thin and deficiencies. On the one hand the research to the customary method type of thinking and types of research methods, from the common law analysis framework, main achievements in carding and Reflection on the whole, trying to review and Reflection on the research of China’s current law. On the other hand, in the type of thinking based on the limitations of recognizing, against traditional culture, the practice of the rule of law and some legal culture research scholars tried to or not consciously use western terminology to explain our country, from the "oddity" point of view, the western law culture and theory as a study universal standards of China’s rich history of traditional. On the basis of study on Chinese customary law of thinking, think of customary law in China should be based on the inherent spirit of customary law, based on the Chinese problems with its unique social background research; the research method should consciously integrate law, sociology, ethnology, history etc.the research methods, research towards integration.