Research On The Judicial Application Of Civil Customs In Ethnic Autonomous Areas

At present,the socialist legal system with Chinese characteristics has initially taken shape,especially with the promulgation of our Civil Code,all aspects of social and economic life have basically been legalized,but no matter how complete the statutory law looks in theory It does not mean that all problems in the construction of the civil rule of law will be solved once and for all.The civil code is implemented from top to bottom.Many of them are separated from people ’ s lives and not necessarily grounded.There are still many needs in practice.To test and explore,because China is a multi-ethnic country,the total area of ethnic regions accounts for about 64% of the total area of the country.There are a large number of ethnic customs in ethnic areas.Customs are small traditions for adjusting the order of the grassroots of the people.Construction plays an important role,which in turn has a huge impact on the rule of law tradition at the ethnic level.However,the application of custom in judicial adjudication has always been a shortcoming and problem in justice.The custom of ethnic regions is also reflected in judicial adjudication in ethnic regions.It is not enough.The judicial application of civil customs in ethnic areas is still in its infancy.As the Civil Code clarifies custom as the source of civil law,it provides a legal basis for the application of customary law.It is also necessary to grasp the civil law more accurately and deeply.The relationship with civil customs.Through the search and analysis of the cases involving civil customs in courts across the country,especially in ethnic areas,it is obvious that after the General Principles of Civil Law determined custom as the source of law,many courts have begun to recognize civil practices in judicial adjudication.Many courts have also made very useful explorations on the value of custom in judicial judgments,and more often apply civil custom in the judicial judgment process.Through the judicial application of these civil custom,often the results can be obtained by the parties and the people.Recognized,the effect is very good,the legal effect and the social effect are unified,and the harmony and stability of the ethnic regions are also maintained.Therefore,how to better apply the "good civil customs" in the judiciary in ethnic areas,find a suitable judicial application path,promote the construction of the rule of law in ethnic areas,and maintain harmony and stability in ethnic areas is worthy of in-depth study.This article mainly analyzes the application of civil customs in the judicial field in ethnic areas from the perspective of empirical cases,summarizes and discovers the internal factors and objective laws of the influence of civil customs on judicial judgments in ethnic areas,and analyzes the current deficiencies in the judicial application process.And try to analyze how to better apply civil customs in ethnic areas,so as to provide reference for judges in ethnic areas to apply civil customs more reasonably and effectively.The content of this article is divided into five parts.The first part is the introduction.Firstly,it introduces the meaning and application prospects of the topic.In terms of the meaning of the topic,it is expounded from two aspects of practical and theoretical meaning,fully aware of the importance of building a sense of community of the Chinese nation.The application of civil customs in minority areas in the judicial field has broad application prospects;secondly,it searches for existing research results at home and abroad,summarizes the main research results in this field at home and abroad,quickly familiarizes with the research on the judicial application of civil customs,and finds papers The entry point of this article will pave the way for the writing of this article,and also introduce the research methods used in the writing of this article.The second part is the judicial application value of civil customs in ethnic areas.It explains the characteristics and legal connotation of civil customs,and interprets the "customs" in "Civil Code",and from the two value levels of epistemology and methodology Analyzed the value of judicial application of civil custom in ethnic areas.The third part is the second chapter,the status quo of judicial application of civil customs in ethnic areas.Through the selection of analysis samples,it analyzes the status quo of judicial application of civil customs from two spatial dimensions in ethnic areas and non-ethnic areas,combined with the main statistical data.,To explain the role of civil custom in judicial application.The fourth part is Chapter 3 Obstacles to the judicial application of civil customs in ethnic areas.It discusses the obstacles to the identification of civil customs and the obstacles to application.The obstacles to identification mainly include the unclear scope of civil customs,unclear geographical boundaries of civil customs,and judicial The review mechanism is unclear,and the obstacles to application mainly include the lack of awareness of judges in the judicial process,the non-normative application of civil custom,the risk of judgment,the conflict between civil custom and the law in the application process,etc.The fifth part is the perfect suggestions for the judicial application of civil customs in ethnic areas in Chapter 4.Targeted suggestions are proposed for the obstacles in the judicial application process in Chapter III,mainly from strengthening the judicial identification of civil customs in ethnic areas and establishing civil customs in ethnic areas The judicial application system and the utilization of the characteristics and advantages of the judicial system of our country have proposed that,specifically,the identification,collection,and judicial review of ethnic civil customs needs to be strengthened,and at the same time,it is necessary to increase the training of judges in ethnic areas and improve the application of civil customs Standards,strengthen judicial argumentation,promote "customs" in ethnic areas to change to "laws",promote the mediation of civil cases in ethnic areas,and make full use of the case guidance system and the people’s jury system.