| Custom is one of the very important norm types in multilateral adjustment culture. In default of law, custom is used to be an important supplement for legal loopholes. But it does not mean that custom has become the law. It is still the custom before being absorbed into law. After being admitted, custom will obtain a legal status, which is important because custom therefore becomes behavior rule and basis of adjudication in default of law. Thus custom has acquired a legitimate status in legal structure, which is of legal significance to statute law countries such as Switzerland, Japan and China. Differing from case law countries based on the development of customary law, a legitimate basis is very important both to people’s behaviors and judges’ adjudications in statute law countries.The breakthrough made by sporadic legislations, judicial interpretations and practices of grassroots courts has provided foundations to establish the due status of custom in our contemporary legal system, but there still exist some problems. To solve these problems radically and make custom play more important role in Chinese future legal course, the way-out still lies in legislation. The provision of Article 1 of Swiss Civil Code on custom has become the example of world’s civil law, which can be used for reference by China’s future civil code. To begin with, we can make a breakthrough in civil law level by stipulating custom’s legal status in civil legislation definitely. Then a model of three-rank norm system including law, policy and custom takes form. Each lower norm can be applied only on the premise of the lack of upper norm. |
京公网安备11010102006664号 京ICP备2023015853号