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The role of the judiciary in our country customs

Author: ChenQing
Tutor: LiuXing
School: China University of Political Science
Course: Jurisprudence
Keywords: Custom Judicial Action
CLC: D90
Type: Master's thesis
Year: 2011
Downloads: 71
Quote: 0
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Abstract


Folk specification as part of Chinese tradition , the history of the origins of the after repeated screening, and ultimately settle in people's memories become social rules of behavior in a practical and effective . Customs is a specific geographical area , handed down through the generations followed for universal adherence to the Code of Conduct group is an important part of civil norms , with spontaneous , local and stability characteristics . In judicial practice, the results represented the entire Jiangyan Jiangsu court system , to show us the great judicial customs value . This paper analyzes the actual case , the role of law from the perspective of methodology , analysis practices in our justice . Its role can be materialized from the following angles : first, the custom can be used as a basis for legal loopholes to fill ; Second , customs form to help judge the facts ; Third , customs can be a reference to the interests of the judges measure ; fourth , practices contribute to the legal arguments were : on the one hand to provide support for external justification , on the one hand to improve the acceptability of the results of the referee . Although the customs of our judicial important role, but in the process of entering the customs of civil justice , but also produced such positioning is unknown, the referee varying range of issues. Only solve these problems , in order to better play the role of customs . To solve these problems , you can propose solutions from the legislative , judicial two paths. In terms of legislation , state law explicitly recognized the role of customary justice ; in the judiciary, customs must explicitly be introduced species of justice, the burden of proof . In addition, the unwritten customs of the judge will give the parties to prove the existence of manufacturing many obstacles . Therefore, large-scale social surveys completed custom finishing compilation is vital.

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CLC: > Political, legal > Legal > Theory of law (Law)
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