Research On The Normative Of Custom And The Formation Of Rules From Custom

In consideration of the Dualistic Social Structure, research on the class of custom is a new phenomenon in the Chinese Jurisprudence profession.Under the background of legal pluralism,this kind of research plays an important role in legal reform and judicial practice. This paper tries to do some research on the legal interpretation of custom,on one hand,analyzes the normative nature and the elements and structure of custom behavior patterns;on the other hand,studies its role in the judicial practice. This paper argues the refactoring of the normative and regularity of custom,although it’s different in expressing form, it is easy to find its specification attribute by digging of the primitive concept.At the beginning of the paper,we review the research status of custom behavior patterns from the perspective of research field, research, research paradigm and so on. The review found the current research focus on concept analysis, formation identification, relationship between national law, etc, and also analyzes the normative research on custom behavior patterns. Then the value of the research on custom behavior pattern was discussed, mainly focus on the social order, legal pluralism,the development of normative theory. And we analyze the inherent normative nature of custom behavior patterns, and explores why it lost its normative gradually under the development of positivism. The next part analyzes 3712 judicial documents in the field of marriage and family in Jiangsu province,the factors of the Long-term practice that admitted by the courts has been discussed.Combining the study and theory from chapters three and chapter four, the next chapter based on the legal interpretation,mainly studies the the structure and form of expression of custom behavior patterns.