On The Judicialapplication Of Custome In Civil Cases

Article 10 of the civil code,adopted at the 3rd Session of the 13 th National People’s Congress on May 28,2020,stipulates that "civil disputes shall be handled in accordance with the law;if there are no provisions in the law,customs may apply,but public order and good customs shall not be violated." This article directly confirms the status of custom as the source of law in China’s civil law,lays a foundation for the application of custom in civil judicial activities,and provides a clear basis for judicial adjudication.The judicial application of Customs in the court helps to fill the loopholes in the current national laws,and it also reflects the respect for people’s social and cultural life,which is conducive to the positive interaction between national laws and social customs.The custom under multiple norms has the attribute of norms,has binding force on social members,and is easy to be recognized and observed.Due to the limitations of national laws,it provides space for the judicial application of Customs in civil cases,and replaces national policies,so that customs have the functions of filling legal loopholes,serving as the reasons for the judgment and assisting in finding out the facts of the case.The judicial application of custom in civil cases should be based on the premise of law supremacy and public order and good customs.Custom is widely used in dealing with property rights,contracts,marriage and family,inheritance and other civil cases in the judiciary.It has the judicial application effect of being superior to the national law in special circumstances,supplementing the national law in special circumstances,and interpreting the national law in special circumstances.It is also necessary to reach a consensus on the application of Customs in civil cases in the form of research,so as to pay attention to the application of Customs in judicial practice.In addition to the introduction and conclusion,this paper mainly includes four parts.The first part explains the connotation of the custom,then introduces the function of the custom under the multiple norms,and makes a distinction between the custom and the customary law.The second part mainly focuses on the judicial application space of custom in civil cases,including the limitation of law,the substitution of custom for national policy,and the function of judicial application of custom.The third part analyzes the conditions of judicial application of Customs in civil cases,with the premise of law supremacy and the basis of public order and good customs.The fourth part is about the judicial application and judicial effect of custom in specific civil cases.