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经过5年试水,江苏省姜堰市人民法院将善良民俗习惯有条件地引入司法裁判领域,制定出台了一系列相关的规范性文件并付诸实践;江苏省高级人民法院向全省转发推广,并报告最高人民法院。善良民俗习惯在法律上可以称为“民事习惯”。在法律没有明文规定的情形下,民事司法审判适用民事习惯是世界各国和地区的通例。习惯植根于一个民族、一个国家、一个地方的灵魂深处,它潜移默化着人们,是调整一个国家、一个地区人们的实践行为准则,也是许多国家民事法律的重要渊源,正如启蒙思想家卢梭所认为的那样,风俗习惯是一切制定法之外最重要的法律。
After five years of testing the water, the People's Court of Jiangyan City, Jiangsu Province, introduced the good habits and customs into the field of judicial adjudication conditionally and formulated a series of relevant normative documents and put them into practice. The Higher People's Court of Jiangsu Province forwards the promotion to the province , And report it to the Supreme People's Court. Good folk customs can legally be called “civil custom.” In the absence of express provisions in the law, the application of civil law to civil judiciary is a common practice in all countries and regions in the world. Habitat is rooted in the depths of the soul of a nation, a country, and a place. It subtly influences people and is a code of practice in regulating the people in a country or a region. It is also an important source of civil law in many countries. Just as the Enlightenment thinker Rousseau said In that way, customs and customs are the most important laws outside all statutes.