浅谈国家法与官方法双标准下法官的司法退路(国外英文资料).docVIP

浅谈国家法与民间法双规范下法官的司法进路(国外英文资料) On the judicial path of judges under the dual norms of state law and folk law Authors: Wang Xue, Gao Ling, release time: 2011-02-12 09:10:56 Local logic in a certain range of time and space is based on the competitive norms, even legal logic weights further increase it continued to meet as equals and state law . Specific to the case of the trial, the judge should first distinguish the role of the state law and folk law is different, then the judge should according to the specific case, to distinguish between national law and folk law are different between different situation. Generally speaking, belong to the most basic and important social relations, must be made by the state law by mandatory norms shall be determined and adjusted, so that as the social relationship regulated by criminal law, this kind of social relations, the judge should strictly follow the law of logic, loyal to the law, any applicable civil law acts are not desirable; to have a strong local knowledge and folk color of social relations, the judge can rely on folk law, relying on the local knowledge of the trial, this part of social relations is the basic life and the people concerned, some social relations are not included in the scope of judicial regulation; the state law and folk law can be involved the situation is more complex social relations. This kind of social relations can be determined and adjusted by the state law, and can also be adjusted by folk law. Through the interaction of them, they can participate in each other, and finally form a system space. It is mainly manifested in all kinds of civil legal relations formed in the villagers production, life and economic contacts. For this kind of social relations, the author believes that in the case of the distinction between the state law and folk law, we should treat each other differently: Firstly, state law and folk law are in an interactive situation. In some civil cases, there are some relevant norms r