How to view the law is not a substitute for custom

The law is the bare minimum of morality. Make up the numbers.

Although both are social norms and have social regulation functions, laws rely on the coercive power of the state to enforce them due to their formality and strict procedural nature, and are formally a restriction on freedom (in essence a protection of freedom). The clarity and legitimacy of the law determine a certain degree of lag in the law, so judges must not only apply formal sources of law (laws and regulations, international treaties and customs) when reasoning, but also rely on informal sources (policies, precedents, customs) to fill the loopholes in the law.

It's quite chaotic, haha, the right to throw bricks and lead the way, hehe.

Habits are the habits of behavior that people abide by, and everyone has a common understanding, trust, and expectation.

For example, killing people to pay for their lives, and paying debts for money. A naïve concept of jurisprudence.

The law is becoming more and more sophisticated, even detached from the level of general understanding and acceptability of the people.

Returning to habits and respecting habits means respecting the will of the people and approaching the basic legal concepts of the masses.

The law is a yardstick, but it needs to be obeyed by everyone, and the improvement of everyone's legal concept is carried out gradually, and should not be too high in isolation from reality.

The law is not allowed in principle, and customary habits are used to it.

The impact of Confucianization of Chinese law on Chinese law.

In the process of Confucianization of Chinese law from the beginning to the development and then to the completion, the influence of Confucianism on Chinese law has also deepened step by step, and this influence is comprehensive, mainly manifested in the determination of legal ideas such as the convergence of ritual and law, the combination of virtue and propriety, and the determination of legal principles and specific legal views of Confucianism, as well as the influence of Confucianism on the field of judicial practice in the process of legal Confucianization, and so on.

1. The establishment of the guiding ideology of Confucian law. Emphasis on the rule of virtue.

2. Some basic principles of law have been established, and in the process of Confucianization of Chinese law, some essence of Confucianism has been injected into the law and sublimated into the basic principles of feudal law, mainly including the "Eight Discussions" system, the "official office" system, the quasi-five obedience to control crimes, and the "Ten Articles of Serious Crimes".

3. In the process of "invoking scriptures to break prison" and "invoking rituals into the law", the basic political and legal ideas of Confucianism were integrated into the law, and a series of specific legal views in line with Confucianism were gradually formed.

4. The Confucianization of Chinese law has promoted the Confucianization of the judicial ranks. The popularization of the trial method of the Spring and Autumn Prison Sentence has made a large number of officials with Confucian scriptures and righteousness more and more important.

Confucianism advocates active participation in social activities and social responsibility, and law is a social norm, so Confucianism has considerable significance for the behavior norms of traditional Chinese people.

Different periods had different attitudes towards Confucianism. As a result, Confucianism is constantly changing. Under the present conditions, although economic development has increased people's incomes and improved people's lives, the task of moral construction is very arduous.

Therefore, the idea of "benevolence" and other ideas related to moral construction began to be valued and propagated by people.

In the eyes of those who understand the Fa, the Fa is more important than customs, and in the eyes of those who do not understand the Fa, customs are more important than the Fa

Thank you for the trouble to adopt!

The two are sometimes in conflict and irreconcilable. In the event of a disagreement, the law shall prevail! View the original post

The important function of traditional social law is to build a stable order and achieve state rule and social control. By giving up or transferring part of the rights of the individual, in order to replace the overall harmony of the community, and realize one's own interests and interests in harmony, this way of exchanging rights for harmony is the main way for traditional Chinese law to achieve order, which is deeply rooted in traditional Chinese culture and conforms to the national conditions and folk customs of traditional China. As a system, its implementation ensures that under the premise of low social management costs, the efficiency of social management can be effectively improved, which is a long-term unification of ancient Chinese society.

1. Stability and prosperity provide institutional and ideological support. The legal tradition is the product of national conditions, the crystallization of national wisdom, the synthesis of thousands of years of experience in governing the country, and an inexhaustible treasure of thought. Although the world has changed, history cannot be severed, seeking historical reference is the behavior of wise men, and tradition is the starting point of new development.

To interpret, respect and carry forward tradition is to realize the innovation of historical values under the historical conditions of the great rejuvenation of the Chinese nation.

It is a tool for managing people, with special emphasis on binding and mandatory.

It is to always think about problems from a legal point of view. Dealing with things will always be considered from a legal point of view.

I should be one, I personally always because others provoked me or said wrong to me, I use the law in the law to make him admit his mistake, or he doesn't talk about it anymore, and when he sees unfair things, he always thinks from the perspective of the law to see what law he has violated.

1. Habits: Generally refers to the way that people generally recognize for a long time. Nowadays, it generally refers to the customs, social customs, and moral traditions of a place.

3. Customary law: It is a law that rises from custom to law.

4. Customary law, as a class of social norms, is widespread around the world. It is the sum total of mandatory and customary norms of behaviour established independently of the laws of the State and on the basis of a social authority. It is neither a purely moral norm nor a complete legal norm, but a quasi-legal norm between morality and law.

5 Article 1 of the Swiss Civil Code provides that "this Law shall apply to any question of law that is otherwise provided for in accordance with the letter or interpretation of this Law". If it is not possible to derive a provision from this Law, the judge shall decide in accordance with customary law; in the absence of customary law, to adjudicate according to the rules that should be proposed by oneself as a legislator".