Research On The Origin Of Civil Law By The Customary Law

Habits evolved into law is the first manifestation of human society in the history of civilization, for the modern society institutionalized norms established a solid foundation. In the practice of civil law, a large number of statutes and customary law exist at the same time, and as supplementary legal sources in the judicial and legislative practice in all countries play a pivotal role. From a normative point of view,civil practice is a common practice in civil law in the community to comply with the general public and has a binding code of conduct. In China's rule of law discourse, the civil habit is not generally recognized, in addition to foreign relations and on the issue of national minorities,customary law is generally rare. In China's judicial practice, when the enactment of the law face the lag of defects and loopholes, can not play a habit of loopholes in the supplement and explain the role of argumentation in the judicial practice of China's judicial and legislative practice does not establish the civil jurisdiction of the judicial application and legal status rules effect. Therefore, in contemporary contemporary legislation and judicial practice, attention to the role of civil habits, establish the legal status of civil habits and establish civil habits of judicial application rules will play an important theoretical significance and judicial practice value.In the course of the research, this article adopts the methods of contrast and demonstration,analysis and induction,and expounds and analyzes the connotation and function of civil custom and the possibility and necessity of civil custom as civil law source, and establishes the legal origin and position of civil custom . In the future,China will increase legislation on civil custom in the process of making the civil code.This measure will certainly deepen the popularization of the idea of promoting social fairness and justice and promote the flexible application of law, When there is more discretion to protect the realization of more individual justice.