Review from the perspective of social effects，The actual validity of the "Civil Code" In addition to the presence of advanced legislative content and scientific legislative technology as the guarantee，It must also meet the requirements of Chinese social conditions and fine moral traditions in China。In this sense，Habits constitute the basic elements of my country's "Civil Code"，and at the same time as an important "indicator" for evaluating the quality of the "Civil Code"。How to get a status in civil law based on the habit，Analyze the habit element settings in the text of the Civil Code，and use specific referee concepts and methods，Explorest judicial results of the inquiry habit settings，It will be an important subject of future legal research。

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Always，The habit element in civil legislation is the legislative general case。From the improvement of the law，"From the habit to the law to the law" is the general law of the evolution of the law，"Habits are often the basis of the birth of the law"; from the entire legal system，Civil and business legislation has taken the earliest habitual consideration，Even "The entire Roman law can be regarded as a habit of crystallization"。Chinese civil legislation also has a tradition of considering habits，"Draft Draft of the Qing Dynasty" and "The Code of the People's Republic of China" all clarified the status of the habitual element，Point out "those who do not stipulate the civil institute，According to the habit (method) "; then，The transplanted Soviet civil legislative mode，and consolidate the state power after the founding of New China、Social goals such as maintaining bet365 best casino games social stability and development of market economy，The system and policy elements in civil legislation are continuously enhanced，Habit elements are constantly micro，and gradually be in a "secondary" and "final election" position; now，Pay in depth with the rule of law in accordance with the law，"Civil Code" is given the mission of compilation of "Encyclopedia of Social Life"。Facing this task，The social habits that directly originate from life and reflect life are emphasized。For example, when the Civil Code of the Civil Dispute is the basis for handling civil disputes，directly explain "the law does not stipulate，You can apply the habit "，and expand the connotation of the habit from the "trading habit" in the Contract Law to the "civil habits" category。

　　The specific setting of the habit element in the "Civil Code"

First，Legislative concept，Emphasize the status and role of social habits。Compared to previous legislation，The important feature of the current compilation of the "Civil Code" is to emphasize "originality" and "locality"，Highlight the basic concept of "legislation for life"。Through legal systems or regulations such as "residential rights", "seeing righteousness", "three rights of rural land", "heirs", "heirs", "the three rights of rural land"，Make "Civil Code" avoid becoming a copy of the German Civil Code or the French Civil Code，Typical bet365 best casino games Chinese characteristics。For example, determine the status of the legal status of the habit，Not only the modification of a certain law，Look at it in the long run，Its theoretical declaration value is significantly greater than the meaning of reality referee。On the one hand，This modification responded to the current legal activity，The legislation and judicial phenomenon of deliberately avoiding the problem of habit; on the other hand，This clause is stipulated in the general rule，It will Bet365 lotto review also make the habitual elements logically in the entire "Civil Code" compilation and future implementation.。

Second，Legislative content，Carry out "Code of Habits"。Compared to the value significance of the habit of emphasizing the habit of the macro concept，"Code of the Habits" directly implements the habitual elements into legal specifications。This is also the main type of setting habit elements。Combined with already practicing，We can divide the process of the code into direct and indirect ways。

The direct way of "Code of Mentorization" means that the habitual elements are explicitly stipulated in the "Civil Code" article，and as a premise of the corresponding case corresponding to the referee。This method often comes with logo words such as "habit" and "public order"，and is divided into two types: "positive affirmation" and "reverse negation" according to the form of expression。The former usually directly specifies the situation that the habit can apply，Specific: first，Introduction to establishing a "good law+good custom" judicial governance mode，For the regulations of the Source of Civil Law Law as Article 10; 2，Use the habit to clarify the law of the law or make up for the legal loophole，As the provisions of the promise method of Article 480; third，Confirm the legal facts with habits，Explanation of the meaning of Article 142 for the meaning of the meaning、Article 321 of the statutory interest rate and Article 680 regulations on the payment of interest payment of natural persons。The latter is difficult to introduce the habits on the front，With the help of "public order and good customs", etc., some behaviors are constrained，It is a supplement to the former。If the principle of civil activity is on the 8th of the civil activity、Article 153 The effectiveness of civil legal behavior and Article 1012 limited to the freedom of the Bet365 lotto review selection of natural persons。Comparison of comparison，The indirect method of "Code of Mentorization" refers to the words "habit" and "custom" in the law，Instead of adding a new method or adjusting the old law according to the content of social habits，Incorporate the facts in the facts into other system regulations or legal provisions，Combination of "legal evaluation" and "moral evaluation"。In the Civil Code，Representative provisions have Article 184 regulations for protecting righteousness for protection、Article 185 regulations on protecting the rights and interests of Yinglie、Article 1025 Regulations to report exemption to safeguard public interests、Article 1129 to the widow daughter -in -law、Regulations on the right to inherit the son -in -law，and Article 1009 shall not violate ethics and morals and regulations of the new residence rights in Article 366。The establishment and modification of these methods is directly related to the consideration of traditional social habits and ethics。

third，Legislative technology，"Enter" the law to leave position space。Legislative technology is not just a technique，Where the legislative mode is selected、Terms Settings、Language expression and chapter structure，All reflect specific legislative intent。In the compilation of the Civil Code，For those habitual elements that cannot be or inconvenient to present as the content of the law，Legislators often use this "hidden" method，Make the judge's referee "actively" quoted social habits for consideration。For this，We can analyze from the two aspects of the "Civil Code" system settings and clause compilation。On the system settings，my country's "Civil Code" did not adopt the preparation of the French Civil Code and the five preparation of the German Civil Code，Instead, it is based on judicial traditions with bet365 best casino games Chinese characteristics to compile personality rights and infringement;，It also adopted the "general terms" set in the general rule and the combination mode of "specific regulations" in the distribution。and on the clause compilation，With the open features of the Civil Code，While increasing the proportion of the defined clause，A lot of authorized terms and general terms and general terms of interpretation space have been added or modified.。This is the major differences in various civil order laws such as the "Property Law" and "Contract Law" compared to the "Civil Code"。Specific to the provision，Typical like personality editor，Article 1017 and Article 1018 expand understanding of the "right right" and "portrait rights"，Article 1024 and Article 1032 The open definition of "reputation" and "privacy"，and Article 466 and 484 Requirements are required to combine the principles of honesty trust and explanation of transaction habits。

　　Expected judicial effectiveness of the habitual element setting

First，Introducing the consideration of moral elements into the standardized evaluation system of legal elements。Usually in the sense，Habits belong to the category of moral adjustment。In the Civil Code，The important purpose of considering the elements of the habit is to evaluate the normativeity of morality，Effective integration of moral thinking and legal thinking，Make "Civil Code" has both academic rationality，Demonstrate real morality。The role of legal norms is to provide rules of referee，Second is to provide behavioral specifications。At this time，"Civil Code" provides the referee basis for the referee subject，provides a thinking guidance for the referee behavior，"Import" to complete the moral element。The specific manifestation of the "import" is，With the help of "standard review" and bet365 best casino games "facts review" for social habits，Turn the habitual element consideration into an operable judgment rule，Establish a "good law+good custom" judicial mode，Realizing moral habits from "administrative governance" and "legislative governance" to "judicial governance" with an open posture，Unified legal effect and social effects。

Second，Provide legal interpretation basis and legal demonstration rules for the implementation of the codes。Mechanical evaluation of the implementation of the law，Legislators often do not make "precise" regulations on some matters that may cause controversy，Instead of the application of the purpose of the law, leave the "explanation space"，This is also a legislative strategy。Facing "Explanation Space"，The main role of the habit element is the legal interpretation or loophole filling basis when it is a clear concept of uncertainty.。If the connotation of the "meaning", "business secrets", "family member", "right of portrait" and "reputation right" in the "Civil Code"，The referee is pursuing a proper social effect，Make necessary expansion or restrictions on the combination of daily habits。To ensure that the referee is accepted by the public，This explanation process must be fully demonstrated，Clearly explain the legitimacy and coherence of the referee basis。At this time，The consideration of the habit of elements played a role in providing the rules of legal argument。That is，"Consulting Focus" in the process of supplementing value supplement and interests，Integration into the substantive "discussion rules" in the process of legal argument，Then convince the audience，Reach consensus。，The habitual element acts as the basis for the "stronger reason" of discarding the legal principles of legal rules and the application of legal principles。

To sum up，Compilation from the Civil Code of my country、The national construction goals of bet365 live casino games the rule of law and the solution mechanism of multiple social disputes，The current "Civil Code" pays attention to the factors of the habit。On the one hand，It can achieve a more complete、The great "Civil Code" reflecting the needs of social reality; on the other hand,，The referee concept and rules formed by the factors of the habit，We also tend to modernize judicial governance targets。

　　(Author Unit: Liaocheng University Law School)