Research On The Judicial Application Of Village Regulations And Folk Agreements

Village rules and civil contracts are important for our country to govern the countryside and they are main carriers of villager autonomy.Although the 10 of the General Principles of Civil Law of the People's Republic of China stipulates that the practice is allowing application in cases where there is no provision in law.In judicial practice,it is also commonly believed that the village rules and regulations on civil contracts belong to local customs.However,there are no clear provisions on the application standards,identification and certification of village rules and civil contracts in judicial practice.Based on previous studies,I focus on the application of village rules and civil treaties and solve the problems existing in the judicial application of village rules and civil contracts.The first chapter introduces three cases,looks for similarities and differences in cases and judgments,refines controversy.It is found that there are differences between the judicial organs on the application of village rules and regulations.The judicial organs that decide to apply village rules and civil also have different views on the identification responsibility and certification of village regulations.The second chapter introduces the concept of village rules and civil contracts on the basis of jurisprudence and find the relations with customary law,national law and the application of village rules and civil treaties.Then,the focus of the disputes concluded in the first part is analyzed to clarify the standards of judicial application of village rules and civil contracts,the establishment of ascertaining liability and the burden of proof,from the Angle of jurisprudence.Under the analysis of first two chapters,the conclusion is drawn in the third chapter.Village rules and civil covenants shall be applicable to judicial practice.We should clear accountability and establish certification standards.Finally,we can get enlightenment from the formulation process of village rules and regulations,the specific rules of judicial application,as well as the emphasis on village rules and regulations.