走向和谐司法——谈民事习惯在基层民事审判中的运用

The Way to Harmonious Justice:the Application of Civil Customs in Grassroots Civil Jurisdiction

由于民事习惯具有软性特征,更利于定纷止争,实现司法和谐。民事习惯在民事审判中的启动有当事人主义和职权主义两个路径。具体的运用中,要区分调解和裁判两个不同的运行路径,并要注意实践中可能出现的问题。

The application of civil customs in grassroots civil jurisdiction involves many factors such as favorable climate, geographical and human conditions. With their soft nature, civil customs can be better applied to settling civil disputes to achieve judicial harmony. There are two ways of applying civil customs to grassroots civil jurisdic- tion, which are the adversary system and authority system. It is necessary to distinguish between mediation and judgment in the application, and pay attention to potential problems.