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The Development Of The Judicial Application By Civil Customs

Posted on:2019-05-23Degree:MasterType:Thesis
Country:ChinaCandidate:D C XiaoFull Text:PDF
GTID:2416330566993924Subject:Law
Abstract/Summary:PDF Full Text Request
China is in the midst of the severe social transition,the society which emphasizes relationship and society which emphasizes ration exist at the same time in today's China.The society consisted by acquaintances and society consisted by strangers also exist in today's China,which makes all kinds of interest relations intertwined and all kinds of legal issues blowout.If we only apply national law as the judgment of case specification.The reason is that the national laws usually are not suitable to the coming cases.We should feel honorable that customs as law source are written into newest Chinese general civil law,which we can definite that Chinese law will absorb more native resource into lawmaking in the future.To achieve the goal of resolving disputes and harmonious society,we have to take some civil customs to deal with some cases,although the customs would have many disadvantages.Whether to take or not to take the civil customs is easy to handle.The real difficulty is how to apply them.The essay will define meaning of the “custom”and analyze the value and disadvantages of them.After that,we will research whether the civil customs are suitable to be applied at the field of public law and private law.Finally,under the guidance of justice and freedom we will draw a conclusion that civil customs will not so suitable to be applied in the dimension of public law.Also we will figure out the way how to apply the civil customs in the dimension of private law.
Keywords/Search Tags:Civil custom, Judicial application, Legal value
PDF Full Text Request
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