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本文通过对民事习惯的全面分析,论证了它在民法中占有法源地位。法律起源于习惯。经历从习惯到习惯法,进而从习惯法到成文法的长期演变过程。民事习惯本身的特性,使它能与民法在调整私人生活关系方面起到相辅相成的功效;而民事习惯的功能论证了它是民法的补充规范。民法与民事习惯社会关系性质的相同性和它们的调整范围的不同性,决定了它们在调整各类社会关系过程中有很强的互补性。这些都决定了民事习惯能成为民法的渊源。我国正处于要制定民法典的历程中,我们要正视民事习惯在调整民事生活中的作用,把民事习惯作为我国民法典的渊源之一。

本文通过对民事习惯的全面分析,论证了它在民法中占有法源地位。||This text pass to is habitual to analyze completely to the civil case, argument it occupy the legal source position in civil law.法律起源于习惯。||This text pass to is habitual to analyze completely to the civil case, argument it occupy the legal source position in civil law.The law originates the habit.经历从习惯到习惯法,进而从习惯法到成文法的长期演变过程。||This text pass to is habitual to analyze completely to the civil case, argument it occupy the legal source position in civil law.The law originates the habit.Experience from habit to the common law, then turn into the process over a long period of time from common law to the written laws.民事习惯本身的特性,使它能与民法在调整私人生活关系方面起到相辅相成的功效;而民事习惯的功能论证了它是民法的补充规范。||This text pass to is habitual to analyze completely to the civil case, argument it occupy the legal source position in civil law.The law originates the habit.Experience from habit to the common law, then turn into the process over a long period of time from common law to the written laws.Civil case characteristic of oneself habit, can make it rises with civil law in the aspects of adjusting privately living relation the complement each other effect;But habitual function in civil case argument it is the complement norm of the civil law.民法与民事习惯社会关系性质的相同性和它们的调整范围的不同性,决定了它们在调整各类社会关系过程中有很强的互补性。||This text pass to is habitual to analyze completely to the civil case, argument it occupy the legal source position in civil law.The law originates the habit.Experience from habit to the common law, then turn into the process over a long period of time from common law to the written laws.Civil case characteristic of oneself habit, can make it rises with civil law in the aspects of adjusting privately living relation the complement each other effect;But habitual function in civil case argument it is the complement norm of the civil law.The civil law relates to with civil case habit society the same different from their adjustment scope of of the kind, coming to a decision them to have the very strong repairing the sex with each other in adjust various society relation process.这些都决定了民事习惯能成为民法的渊源。||This text pass to is habitual to analyze completely to the civil case, argument it occupy the legal source position in civil law.The law originates the habit.Experience from habit to the common law, then turn into the process over a long period of time from common law to the written laws.Civil case characteristic of oneself habit, can make it rises with civil law in the aspects of adjusting privately living relation the complement each other effect;But habitual function in civil case argument it is the complement norm of the civil law.The civil law relates to with civil case habit society the same different from their adjustment scope of of the kind, coming to a decision them to have the very strong repairing the sex with each other in adjust various society relation process.These all come to a decision the civil case habit can become the origin of the civil law.我国正处于要制定民法典的历程中,我们要正视民事习惯在调整民事生活中的作用,把民事习惯作为我国民法典的渊源之一。||This text pass to is habitual to analyze completely to the civil case, argument it occupy the legal source position in civil law.The law originates the habit.Experience from habit to the common law, then turn into the process over a long period of time from common law to the written laws.Civil case characteristic of oneself habit, can make it rises with civil law in the aspects of adjusting privately living relation the complement each other effect;But habitual function in civil case argument it is the complement norm of the civil law.The civil law relates to with civil case habit society the same different from their adjustment scope of of the kind, coming to a decision them to have the very strong repairing the sex with each other in adjust various society relation process.These all come to a decision the civil case habit can become the origin of the civil law.Our country is being placed in the process inside that to establish the civil code, we want the civil case that face the adjustment civil case makes it a rule the function lives the inside, being used as one of the origin of the our country civil code to the civil case habit.
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第1个回答  2007-05-30
This article analyses the civil practice, prove it takes the law fountain's position in the civil law. The law originates from practice. From practice to practice law, then from practice law to statute law, it experienced a long evolving process. Civil practice's per se characteristics make it have the function to supplement each other with civil law; so civil practice's function prove it to be the civil law's supplement rule. The sameness of Civil law and civil practice in social relation characteristics and the difference between their adjusting area determine that they have strong supplement characteristics in the process of adjusting all kinds of social relation. All these determine that civil practice can be the origin of civil law. Our country are in the time of making civil law, we have to envisage the function of civil practice in adjusting civil life and take it as one of our national law's origin.

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