On Judicial Application Of Civil Customs

Habit is a word with high frequency in daily life.As a "living law" active in the folk sense,civil habit has been playing the role of "regulator" to maintain social stability.However,in the common legal terms of our country,the word habit has not received the corresponding degree of attention.For a long time,due to its own existence of a variety of unclear and difficult to define factors,the legislative circle of our country has been lack of attention to this kind of social order generated and widely used in the civil society,most of the fields of civil customs are ignored.In recent years,along with our country the policy of "general civil law" and the advancement of the civil code compiling work habit legislature on the importance of rising,this kind of situation has improved,many professors scholars on this issue has carried on the thorough exploration and research,and formed many monographs about civil habits,provides the study of this problem more theoretical reference.While academic discussion on this issue is very warm,but in the process of actual judicial application,judges habits entity will still be reference is defined as "judge-made law",the majority can't directly to the civil habits as the administer justice according to write the written judgment,therefore in the face of a complex reality,how to capitalize on the civil habits,how to better will be rooted in civil habits of rural society in our country judicial practice of our country has better play a huge role,is the current legislation and judicial practice in China should pay attention to.This paper explores and elaborates the connotation,function,applicable form and existing problems of civil custom by analyzing,summarizing,comparative demonstration and practical case study.The first part first defines and elaborates relevant concepts.The second part analyzes the current our country civil habit forms and current situation of the judicial application,summarizes the analysis published in "China net" written judgment such cases data,explore the judge method in dealing with has a habit of civil disputes,to summarise civil habit obstacles in the process of development and existing problems;Finally,some ideas about the perfection of civil customary judicial application in China are put forward.