Traditional Culture Encyclopedia - Traditional festivals - Jurisprudence of Common Law and Informal Legal Sources in China
Jurisprudence of Common Law and Informal Legal Sources in China
The habits here are customs and habits, and they are a way of life that has been cultivated for a long time. Generally refers to local customs, social customs, moral traditions, etc. It is not a customary law in law, nor is it a habit recognized by law. This is the embodiment of the state's respect for minority cultures and traditions, and it is a general principle with political implications. Therefore, the customs here belong to the informal origin of China law.
On the other hand, customary law is the sum of mandatory and habitual codes of conduct established according to some social authority, which is independent of the laws formulated by the state. It is neither a pure moral norm nor a complete legal norm, but a quasi-legal norm between morality and law. Customary law is usually unwritten.
When custom is recognized by law and expressed in the form of law, it becomes the formal source of law.
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