Research On The Application Of Rural Folk Customs In Civil Dispu Teresolution Mechanism

At present,our country is in an era of great changes.Tradition and modernity are constantly colliding,and social contradictions are increasing.Of course,the resolution of social disputes is inseparable from the national statutory law,but when the national statutory law cannot provide a basis for dispute resolution,to a large extent we need to find new sources of norms from real life.Folk customs are long-formed behavior rules of a social group in a specific area which are about life,communication and so on.They are used to divide people's rights and obligations,clarify the ownership of interests,and resolve conflicts of interest.As a kind of social norms,folk customs are like invisible hands.They rely on traditional social forces to virtually regulate people's daily behavior and maintain social order.Therefore,in order to meet the current needs of social dispute resolution and better advance the rule of law in our country,we need to pay attention to the role of folk customs and use them to resolve civil disputes and resolve conflicts.The application of folk customs in the civil dispute settlement mechanism is a necessary requirement in the face of social reality,a necessary means to adjust the inadequacy of the law,and an inevitable pursuit of realizing the rule of law in China.This article first sorts out the theory of folk customs and clarifies the concepts,characteristics,and relationships with related concepts of folk customs,and then analyzes the status of folk customs in the settlement of civil disputes through an analysis of marriage and family customs in rural areas of Jiangsu.Although folk customs are to some extent conducive to the settlement of civil disputes,there are still some problems in practice in which they are not widely used,the rules used are unknown,and the procedures are chaotic.In order to solve this series of problems,the author puts forward the requirements for the use of folk customs in different civil dispute settlement methods,and hopes to promote the effective use of folk customs,truly play the role of folk customs to resolve civil disputes and promote social stability and harmony.