Researches On Judicial Application For Civil Law Of Folk Norms

Folk norm is not only a form of social culture, but also reflects its different value in the application of civil justice. It can make judicial application of the case more flexible, localization, the case results more close to the local customs and practices. But because of the lack of legal status,folk norm has been in a fuzzy edge in judicial practice,which greatly reduces its judicial applicability,therefore the effect of the application of folk norm is not plain sailing. As far as the regulation is concerned, there are serious defects in the source of law,the legislative system and the judicial application of the civil norm, which restrict the application of the folk norm in the civil judicial application. Therefore,this paper puts forward a proposal to regulate, strengthen the recognition and identification of folk norm and broad proof condition in the parties and so on. This paper is divided into four parts:introduction,the four part of the text and conclusion.The first chapter is concerned with the definition of folk norm and the significance of civil judicial application.This part mainly starts with the concept of folk norm,and discriminate the concept, characteristics and related concepts of folk norm on the basis. This article believes that to explore the judicial application of folk norms, first of all, the concept of folk norm should be identified and the relevant concepts are discriminated.This part distinguishes the folk norm and folk custom,folk law,national legislation and social morality from the value aspect and the folk norm is the rule system of the rights and obligations of the people outside the national law,does not contain the national recognition and the existence of tacit understanding of local people,spontaneously produced and the scope of the adjustment is also very limited. In the second part, the article also expounds the civil judicial application of civil norms.In the second part,the article also expounds the civil judicial application of civil norms.The purpose of the study is to explore the value of judicial application of folk norm and should not be underestimated.The second chapter of this paper is about the realization and adoption of civil judici al norms. The realization of civil judicial norms is the starting point to identify the app licable civil norms, as well as the key of civil norms into judicial proceedings. The fir st part mainly discusses procedural and methodological issues of civil norms. The pro grams of civil norms identification iselaborated firstly, focusing on demonstrating pro ofs of civil norms, allocation of responsibilities and judges’ilegal dentification and fo undings. The proposed civil norms of civil party is the starting procedure of civil nor ms application. Only when it is identified and found by the judges can it become the v erdict conclusions. Next, the paper elaborates the adoption of civil norms injustice ca ses providing some bases to judges and analyzes actual cases as examples.The third chapter analyzes the current situation and problem of civil judicial application in our country. This paper firstly analyzes the current situation of folk norm,expounds the characteristic of civil judicial application of folk norm,analyzes the classic case. This article interprets the characteristic of civil judicial application from three aspects,combining with the investigation is more persuasive.In our country, In our country, because of the narrow scope of application, process of obscure, confusion,distinct differences,inadequate attention,positioning fuzzy, lack of mechanism, absence of rules and so on, there will be more difficult for judicial application of folk norm and fairness and justice in the trial of the case does not guarantee.In China’s current civil trial practice,judge tends to focus on the mediation on the application of folk norm,relatively small for the judgment.So the folk norm appears in the judgment is relatively rare, forming the strange phenomenon of folk norms--can say can’t write, can’t be able to adjust the sentence.Part four suggests the application problems of civil norms in civil justice cases. First, establish the foundation status of civil legal norms by substantive law, and formulates clear and enforceable operating system in procedures to provide comprehensive program system on civil norms application. Second, the investigation of civil norms, the organization of documents and the scientificity and practicality of civil norms should be strengthened, refining the essence and rejecting the dross. Then the guiding case system of civil norms should be perfected, which is good to promote the justice efficiency of handling cases in the future and provides more evidence for solving the problem of civil norms. Finally, judges’ judicial philosophy should be updated, who is the bridge of civil norms application into judicial proceedings, and the key role in adopting the civil norms in resolving disputes. With the judges’ improving awareness of civil norms, they will use civil norms in judicial practice boldly.