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Research On Judicial Application Of The Customary Law

Posted on:2017-11-29Degree:MasterType:Thesis
Country:ChinaCandidate:Y N XiaFull Text:PDF
Abstract/Summary:PDF Full Text Request
In relation to the development of law, customary law is applied to the daily life of the "living law" actively involved in resolving conflicts in everyday life, disputes on people's daily behavior binding nature, but also on the statute played a good complementary role. But by geographical limitations, as well as the concept of institutional, customary law in the judicial practice, the use is not satisfactory. In order to study the judicial application of customary law, the use of historical research, studies and comparative research methods of sociology of law, first of all start from the definition of customary law, customary law type of analysis, features and value of the sources of law, and the country is considered customary law appropriate behavioral law and norms, are territorial mandatory, arbitrary, effectiveness, historical heritage and other five features, including the type of pacts, clan statute minority customary law, and other industry practices, its status as a source law of generally recognized; secondly from the status quo customary law judicial application analysis, common law judicial application subject to geographical restrictions, lower court applied level, the limitations of the legal department, the legal basis for the lack of practical problems such as problems, and these practical difficulties by habit law inherent defects and source of law status is not clear result. Judicial application of customary law has a theoretical and practical possibilities to have a reasonable, timeliness and other applicable conditions of justice customary law shall be allowed to play a complementary role to national law, which may be embodied in the judicial process of mediation and ethnic minority areas acts as a normative value, in addition, the Supreme Court can also guide the way to make the case the role of customary law in the judicial practice.
Keywords/Search Tags:Legal Pluralism, The Customary Law, Sources of law, Judicial
PDF Full Text Request
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