民俗习惯为整个社会共体的成员所共有,是共体成员的行为规范,审判机关在审判活动中,特别是民事审判活动中合理运用人民群众认可的民俗习惯,有利于公众对民事裁决的接受,有利于增强法律规范在实践中的生命力,有利于增强司法可的操作性,有助于司法的法律效果和地域社会效果的有机统一。但在现阶段,人民法院在民事审判中运用民俗习惯时,还应注意几个方面的问题。 Folk custom is common to members of the whole community and is a code of conduct for members of the community. Judicial organs should reasonably apply the folk custom accredited by the masses in trial activities, especially in civil trial activities, which is conducive to public acceptance of civil rulings Is conducive to enhancing the vitality of laws and regulations in practice, is conducive to enhancing the operability of the judiciary, and is conducive to the organic unity of the legal effects of judicature and the effects of local communities. However, at this stage, people’s courts should also pay attention to several aspects when using folk customs in civil trials.