对民法渊源,存在视法律来源、视存在形式、视法律信念以及综合性渊源等几种认识。习惯若要具有规范效力,成为民法渊源,也需具备一定的条件。习惯作为民法渊源在大陆法系、英美法系以及我国法律体系中均有其不同的历史演进,我国新颁布的民法总则确立了习惯的民法渊源地位。 As to the origin of civil law, there are several kinds of cognition depending on the source of law, depending on the form of existence, depending on legal belief and comprehensive origin. Habits have to regulate the effectiveness of civil law as a source, but also need to have certain conditions. Habits as a source of civil law have different historical evolutions in the civil law system, the common law system and the legal system in our country. The newly promulgated Civil Law of the People’s Republic of China has established the origins of customary civil law.