Research On The Application Of Folk Customs In Regional Civil Justice

In the process of comprehensively advancing the modernization of the rule of law in contemporary China,the judiciary bears important tasks.It is an important duty of the judiciary to set aside disputes,guarantee and relief rights,and maintain social harmony and stability.Judging according to law is the basic principle for the judicial organs to perform their duties.China is a vast multi-ethnic country with a vast territory.The social concepts and the value of the rule of law in different groups of people often show different degrees of historical differences,and the degree of national unified legislation is recognized and followed.When statutes and regulations cannot provide a basis for dispute resolution,it is necessary to find a new source of norms from the principles of law and real life.Folk custom is a social practice gradually formed by people in a certain area in the process of production and life practice.By dividing the rights and obligations of each other or eliminating conflicts of interest,it becomes a rule system that the people generally follow.The application of folk customs to regional civil judicial decisions has long existed in judicial practice in China.The judicial application of folk customs is a necessary response to the actual needs,an effective means to bridge the deficiencies of the statute,and the only way to achieve a harmonious judiciary and promote the development of the rule of law.Therefore,it has the basis of application in law and jurisprudence.China has a vast territory,and there are huge differences in the geographical and environmental factors,economic and social development levels,historical and cultural traditions between different regions.Under this realistic national situation,the development of the rule of law in China presents distinct regional characteristics.The development of regional rule of law is an important part of the development of the rule of law in the country,and it is also the specific development of the development of the rule of law in a particular region.As an important subsystem in the theoretical system of regional rule of law development,regional justice is mainly based on the current unified judicial system of the country,and it addresses the needs of social governance in specific regions and solves the system and mechanism of regional judicial issues.As a regional social existence,folk customs are an important factor in shaping the rule of law in the region,and it is also a regional judicial resource.Applying folk customs to the regional civil justice field is of great practical significance for resolving the dilemma of national statutes in regional society and promoting the development of the rule of law in the country.This paper attempts to study the application of folk customs in regional civil justice under the theoretical framework of regional rule of law development,aiming at rationalizing the relationship between regional justice and the national unified judicial system,and analyzing the regional characteristics of folk customs in civil justice application.The necessity and feasibility of the application of folk customs in civil justice,and then put forward the basic views on some issues of folk custom in the application of regional civil.