Discussion On The Judicial Protection Of Customary Rightsin China

In present society,customary rights are treated as factual rights and appeared in numbers of cases constantly.If we paid attention to the cases in various local courts,we could find the phenomenon that customary rights were used as the cause of action directly or indirectly in more and more local courts.Customary rights are not a code word for backwardness.For ordinary people,customary rights are not only required but also parts of daily lives.Customary rights are emotional bonds to traditional life,and also a type of assertion of lifestyle.We have a preliminary and profound legal rights protection system in China,however,the protection is immature to protect customary rights.When a party's interest was breached,it is a unclear for him or her to claim their rights based on written laws.In an individual case,it is a problem for a judge to find the balance of law and custom.For interested parties,it is a hardship to get fair judicial protection.This article has been divided into three parts.The first part mainly described the existent space of customary rights in China.Through the discussion of the determination of the definition,features,historical function of customary rights and compare the legal rights and customary rights,we find that the necessity of customary rights protection in China.The second part mainly described the current situation of customary rights protection in China which includes case practices,legal bases and theoretical bases of customary rights protection.The third part researched the thinking of customary rights protection which analyzed the problems,principles and means of customary rights protection.