On The Application Of Family Habits In Housework Cases

Family cases,as a kind of cases most closely related to social relations and ethics,can give full play to the role of resolving conflicts and settling disputes by introducing the family habits rooted in the local people’s value consciousness into the case handling process when the legal provisions are vague and blank.The author hopes to summarize the value of family habits,which have become an indispensable part of family dispute resolution,and give play to its positive role in maintaining public order and good customs,so as to provide better help for future judicial practice and maintain social harmony and stability.This paper first introduces the purpose and significance of the research on the application of family habits in family cases,as well as the research status at home and abroad and the main methods and ideas of this research.Secondly,it introduces the concept and characteristics of household habits,the status of law source and the relationship with public order and good customs.Through the analysis and evaluation of cases,the paper introduces the role of family habits in the process of case handling.Then,the problems and causes of the application of household habits are put forward.Finally,the author puts forward his own Suggestions on how to solve the problem and further improve the application of family habits in judicial practice.Full text expatiates concept features-case analysis comments,questions and causes,specific advice is given,introduces the author discovered in the work of the family habit use situation of thinking,hope can through summarizing the family habit of using the rule,the use value,show the positive role of the family habit and use prospect,for the family habits in the judicial practice activities play a role.Although the housekeeping habits of some larger conflict with the law,but the lack of housekeeping habits in national law or to national law obviously inappropriate,can play the supplementary function of itself,in the judicial practice to sum up,uniform standard,let the judge better and more convenient for the family habit,can balance the interests of all parties in the matter of the target,and can strengthen the identity of the masses through the judgement,maintain the legal authority and seriousness,achieve the unity of social effect and legal effect.