当代中国法律对习惯的认可

The Customary Laws Being Recognized by Contemporary Chinese Laws

习惯法为当代中国正式的法律渊源,当代中国宪法、法律、行政法规、地方性法规、民族区域自治法规、政府部门规章、中国缔结和参加的国际条约中都对习惯进行了认可,赋予习惯以法律地位,确认了习惯法在我国正式法律渊源中次要、补充的法律渊源地位。我国法律、法规认可的习惯的内容比较广泛,包括民族习惯、地方习惯、物权习惯、商事习惯、婚姻习惯、家庭习惯、继承习惯、丧葬习惯、生活习惯、宗教习惯、国际惯例等。当代中国法律对习惯认可的变化代表了一种"为生活而立法"的新的立法理念。

As one of formal legal origins in contemporary China, customary laws have been recogmzea By many laws and regulations, such as Constitution, laws, administrative regulations, local regulations, national regional au- tonomy regulations, Government departments＇ regulations and international treaties of China taking into and conclu- ding. Those laws and regulations have provided an important legal status to customary laws and confirmed its comple- mentary status in the formal sources of law at last. The content of customs which have been recognized by all kinds of laws and regulations are widely, including national customs, local customs, property customs, commercial customs, marital customs, family customs, inherited customs, funeral customs, living customs, religious customs, internation- al conventions, and so on. Such changes on customary laws being recognized may represent a new idea for legislation which is ＂legislating for our life＂.