习惯规则作为民间社会行为规范,将其引入司法活动中予以适用,可以弥补法律规则的缺陷。但习惯规则的司法适用面临理论与立法上等外在困境及其自身的内在困境。鉴于此困境,可在充分借鉴国外和历史经验的基础上,从习惯规则司法适用的内在条件与外在条件入手寻找出路。 Customary rules as civil society code of conduct, its introduction into judicial activities to be applied, can make up for the shortcomings of legal rules. However, the judicial application of customary rules faces the external predicament of theoretical and legislative superiority as well as its own internal predicament. In view of this predicament, we can find a way out from the intrinsic and extrinsic conditions of judicial application of customary rules on the basis of fully learning from foreign experience and history.