Distinction and Invocation of Social Customs and Its Logic in the Revolutionary Base
To implement effective governance in the Revolutionary Base,the judicial organs in the base need to distinguish local customs to make relevant decisions.Some customs are invoked,either as sources of civil law in judgments,or as a part in the fact-finding,finding of law,value trade-off,ad-judication argumentation etc.;some customs are rejected after distinction.The distinction logic of the judicial system in the Revolutionary Base not only adhered to Marxist stance of recognizing customs as law,but also took into consideration the necessity and social costs of changing customs.The distinction and invocation of customs required the judiciary to follow the legal methodology of materialist dialectics and the characteristics of people-centered judicial system are accordingly formed.
Revolutionary Basesocial customsdistinction and invocationmaterialist dialec-ticspeople-centered justice system
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维普
