On The Status Of Customary Law In The Source Of Law In China

This paper mainly investigates customary law in the source of law in China. First of all, sources of law and customary law have been expounded clearly in the thesis, including their contextual definition and classifications. The academic and my personal viewpoints on customary laws will be both covered. Secondly, in terms of the debate on whether customary law is the source of law in China, the positive, negative and compromising statements are to be introduced; as regards to the question on which source of law customary law belongs to, the formal, indirect theories and my own views are to be illustrated in this thesis. Besides, the theoretical analysis of status of customary law in the source of law in China has been conducted from historical, cultural jurisprudential and practical perspective. At last, this thesis has found the problems and their approaches of the subjects.Except for introduction and conclusion, the main text includes five parts. The first part is on definition of source of law and customary law and the significance of this research subject. The second part has elaborated on whether customary law is the source of law in China, and its status. The third part conducted theoretical analysis of the status of customary laws in source of law in China. The fourth parts focused on practical investigation of the status of customary law in the source of law in China, from the perspective of public order and good customs, judge’s judicial activism, Ma Xi-wu trial mode and nongovernmental laws. The fifth part expounded problems of this research subjects and their approaches to these problems, including investigation, analysis, selection and systematization of customary law.