民俗习惯在司法中的运行条件及障碍消除

On the Application Conditions of Civil Custom in Judicial Processand Obstacle Removing

民俗习惯作为民间社会行为规范,将其引入司法裁判中予以运用,可以弥补法律规则的不足。但作为一种司法规则进行运用,民俗习惯必须具备一定的内在条件和外部条件。在理论和实践中,民俗习惯的司法运用还欠缺一些必要条件,只有清除这些障碍,民俗习惯的作用才能得以有效发挥。

As norms of behavior in the nongovernmental society, folkways and conventions could remedy the defects of rules of law, if being lead into the practice of judicature and given utilize. But if folkways and conventions are used as rules of judicature, they must possess some themselves and outside factors. In theory and practice, there are short of some essential factors for folkways and conventions being used into judicature. And only those barriers being cleared away, could the folkways and conventions be made full use of.