与习俗的一致性深刻影响着法律的实效性。在司法判决中考量和适用习俗,不仅能够更好地理解、解释法律和填补法律漏洞,而且可能得出合法允当的判决来。因此努力提高习俗和法律之间的一致性符合我国法治和社会发展的趋势。但是,由于习俗和法律乃是有自身运作逻辑的不同规范系统,在具体个案裁决中习俗因素的考量并不见得就能得出允当而又具有社会可接受性的判决来,通过习俗理解法律最好不要一概而论才好。 Consistency with customs profoundly affects the effectiveness of the law. Consideration and application of customs in judicial decisions not only allow for a better understanding and interpretation of the law and for filling legal loopholes, but may also yield legitimate and fair judgments. Therefore, efforts to raise the consistency between customs and laws are in line with the trend of our rule of law and social development. However, since custom and law are different normative systems that have logic of their own operation, the customary practice of understanding the law is the most important when it comes to judgments that are fair and socially acceptable given the fact that customary considerations in specific case decisions do not necessarily Good to be generalized.