Research On The Application Of Customs In Judicial

Legislators often abandon traditional customs in the process of formulating and improving the law and push the law to the highest position of the entire social normative system.They believe that this can better establish the authority and dignity of the law,but they neglect the promotion of the development of law by custom.Customs have a natural close relationship with people's lives,and they have inherent advantages in social governance and maintenance.Before national laws did not appear,customs had always existed in people's production and life as adjustment tools of social order.To a certain extent,customs have a stronger social foundation than law,and they can not ignore the treatment of social disputes and the maintenance of social order.In the context of the new era of socialist construction with Chinese characteristics and the nation's overall advancement of the country under the rule of law,it is necessary not only to have complete laws in order to advance the process of comprehensively governing the country according to law,but also to allow us to have a legal basis.More importantly,let us take the initiative,accept the law,recognize the law,believe the law.In the process of comprehensively advancing the rule of law,studying the application of customs in the judiciary has clear value for improving the credibility of judicial decisions and advancing the process of comprehensively governing the country according to law.However,there are still many practical problems that hinder the application of customs in the judiciary in social practice.We must analyze in depth the existing problems in order to find a better solution to the application of custom in the judiciary,and to bring into play the positive aspects of the practice in the application of justice.Therefore,this paper analyzes the meaning and characteristics of customs,and finds the theoretical basis and practical basis for the application of custom in the judiciary from the perspective of local resources,legal discovery,etc,and analyzes the customary judicial activities from the perspective of legal methodology.The important role of effective implementation;summarizing some of the obstacles that affect the application of custom in the judiciary,including the customs themselves as well as our national legislation and the judicial system;and the obstacles and problems that apply to custom in the administration of justice,attempting to pass legislation and justice Systems and other aspects proposed the establishment of a judicial identification system,the use of modern concepts of the rule of law to transform customs and other methods,to find practical solutions to the application of custom in the judiciary;in order to fully play the positive role of customs in judicial activities through the improvement of legislation and justice to achieve a balance between modern justice and customs,improve the credibility of the judiciary,and advance the process of our country's comprehensive rule of law.