Astudy On The Judicial Application Of Village Rules And Covenants

In the face of complicated social disputes,no matter how complete the enactment of the statute law is,it is impossible to do everything.Therefore,a large number of local scholars such as Su Li believe that the law cannot be applied simply and mechanically,and a series of social and civil norms such as customs,folk customs,guild practices,etc.need to be combined to resolve disputes.Judicial application research.However,there are few people who specifically study the judicial application of the village regulations and folk treaties,which are closely related to the life of the villagers and integrate folk norms,a large number of folk customs and village autonomy.Therefore,this article takes the judicial application of village regulations and civil treaties as the research object,and uses the judgement documents of Yunnan Province as the research sample.First,theoretically demonstrate the possibility and necessity of the application of the village regulations and civil agreements,and then conduct a comprehensive analysis from theory to practice,and then summarize and summarize the village regulations and judicial applications by means of data quantification and case analysis.The method and logic behind the judiciary application of statutes and regulations,and finally analyzes the obstacles in the application of village statutes and jurisdictions and proposes countermeasures to make up for the deficiencies of previous research,and to provide reference for the application of village statutes and jurisdictions in practice.In addition to the introduction,this article is composed of six parts.The first part mainly discusses the possibility and necessity of the judicial application of the village regulation and civil agreement.The possibility of the judicial application of the village regulation and civil agreement is mainly from the village regulation as a customary law and the village regulation as a folk regulation.Demonstrate from two angles;the necessity of the judicial application of village regulations and civil agreements is mainly based on the practical needs of China,and it is briefly demonstrated from three aspects: grassroots governance,dispute resolution and rural revitalization strategy in China.The second part is introduced in two aspects.On the one hand,it mainly introduces the sample selection and reasons for the application of the village regulations and the judiciary.On the other hand,it summarizes the characteristics of the sample based on the overall quantitative analysis of the sample.Concentration of disputes,contradictions of refereeing results,and extensive distribution of cases.The third part uses data analysis and case analysis to analyze the method of judiciary application of village regulations from the application of village regulations,mainly as a legal fact,evidence and auxiliary conversion.The fourth part focuses on the logic of judiciary application of village regulations and civil treaties.It is a supplement and extension to the loopholes of national laws,as well as the measurement of two rights concepts and the pursuit of substantive justice.In the fifth part,the comprehensive sample analyzes the obstacles and reasons for the judicial application of the village regulations and civil treaties.There are mainly different application standards in different regions,and the grass-roots autonomous organizations have conflicts with China’s relevant laws and procedures when formulating village regulations and civil treaties.The main reasons for the obstacles to application are the problems in the village regulations and the civil agreement,the conflict between the village regulations and the legal provisions of our country,and the limited power of the judiciary.The sixth part summarizes the suggestions for overcoming the obstacles to the judicial application of the village regulations and civil treaties,mainly to correct the attitude towards the judicial application of the village regulations and civil treaties;strengthen the training of judges from legal to comprehensive;strengthen the legislation of the village regulations and civil treaties Links;Strengthen the application of case guidance,and promote the unity of judicial application of village regulations and civil treaties.