Research On The Application Of Customs And Habits In Judicial Adjudication

This paper takes 150 judgments of betrothal gifts return cases in Ganzhou area of China Judgment Document Network as samples,and makes an in-depth analysis of the application of customs and habits in judicial adjudication.The customs and habits in the content of the judicial judgment of the return of betrothal gifts are manifested as local reason and local customs;in the form of expression in the judicial judgment of the return of betrothal gifts,it is presented as evidence and factual explanation of the case,as the basis of the judgment,and as the reasoning of the judicial judgment.The judicial application value of customs and habits is reflected in : promoting the legitimacy of national law in grassroots society,enhancing the rationality of judicial adjudication and giving full play to the educational function of justice;the reasons for the use of customs and habits in judicial adjudication are as follows : the national law provides space and legal basis for the judicial application of folk law,the judicial adaptation to the actual needs of local society,and the influence of the traditional judicial concept of the combination of Chinese etiquette and law.Of course,the use of customs and habits in judicial adjudication also has certain drawbacks,which affects the unity of judicial application and dilutes the authority of national law.The reason is that there are certain contradictions and conflicts between the customs and habits of the informal system and the national law of the formal system,and the customs and habits still profoundly affect the behavior of the villagers.Therefore,in the judicial application of customs and habits,in the mutual embedded and complementary relationship between national law and folk law,national law is used to regulate folk law,and folk law is used to make up for the limitations of national law;in maintaining the balance of judicial unity and adaptability,we should not only strengthen the unity of justice,but also pay attention to the adaptability of justice.Strengthen the application of case guidance to promote the unity of the application of customs and habits;to formulate guidance on the use of customs and habits and strengthen the adaptability of judicial adjudication.