On The Application Of Civil Law In Dispute Resolution

With China's entry into the new era of socialism with Chinese characteristics,high-level development has put forward higher requirements for dispute resolution.Therefore,in order to meet the needs of dispute resolution in modern society and promote the establishment of a society ruled by law with Chinese characteristics,we need to better use folk law to solve disputes and resolve contradictions.Firstly,the folk law is sorted out.After clarifying the concept,value,status and legal rank of the folk law,the application of the folk law in dispute resolution is mainly investigated through the analysis of bride price disputes.Although folk law is conducive to the settlement of disputes to a certain extent,there are still some problems such as the basis of application,identification,procedure and certification.In order to solve a series of problems in the application of folk law,it is proposed to refine folk law norms by guiding cases,establish a review mechanism for the application of folk law norms,standardize the procedures and legalization of the procedures for the application of folk law to promote the effective application of folk law,so as to better play the role of folk law in dispute resolution and promote social harmony and stability.This paper is divided into five parts.The first part is the introduction.Firstly,it elaborates the background of the application of civil law dispute resolution.The study of civil law is of great significance for further deepening our legal theory and promoting the unification of legal effect and social effect in reality.After clarifying the research status at home and abroad,on the basis of the scholars' research,the author explores the folk law.The second part is the jurisprudence analysis of folk law in dispute resolution.It elaborates the concept and characteristics of folk law,clarifies the relationship and difference between folk law and related similar concepts such as custom,social morality,public order and good customs,ethical norms,moral norms,village rules and regulations,and religious rules and regulations.In the process of dispute settlement,most of them are inseparable from the folk law,but there are conflicts between the national law and the folk law in the dispute settlement,and the folk law has its legal rank of application.The third part is an investigation of the application of civil law in disputesettlement in China,and explores how civil law plays a role in litigation and non-litigation.In the way of litigation,the focus is on the disputes of lottery gifts in the society nowadays,and the classification points are the registration procedures for marriage and whether to live together or not,supplemented by the corresponding cases for analysis,so as to study the practical application of folk law in dispute settlement by such case studies.The fourth part is about the problems and reasons of the application of folk law in dispute resolution.There are some problems to be solved in the application of folk law,such as the basis,identification,procedure and certification.The reasons for these problems are the inherent defects of folk law,the neglect of dispute resolution organs,the lack of invoking consciousness of parties to disputes and the lack of refining mechanism of folk law.The fifth part is the reflection on the application of civil law in dispute resolution,and explores how to better promote the application of civil law in dispute resolution.On the ontological level of folk law,the norms of folk law should be refined in the way of guiding cases.At the same time,we need to establish a review mechanism of folk law to regulate the use of folk law.Finally,we need to regulate the procedures and procedures of the use of folk law can be legalized into judicial interpretation.