一直以来民间规范司法运用研究以法源主义理论为正统,似乎民间规范司法运用的所有问题都可纳入其中,这反而使得法源主义的解释力有所局限、不够深入。贾焕银博士的《民间规范司法运用研究》一书,基于未完全化协议理论,提出民间规范司法运用是一项需要持续推进的未完全理论化的法治事业;并将法源主义司法运用理论作为批判的靶子,提出了民间规范司法运用研究的惯例制度主义理论进路。 All along, the research of folk norms in the administration of justice has been legitimized by the theory of legal source, and it seems that all the questions of the application of the judicial regulation of folk norms can be incorporated into it. However, this makes the explanation of legal source limited and not deep enough. Based on the theory of incomplete agreement, Dr. Jia Huan-yin proposed that the non-governmental standardization of judicial application is an incompletely theorized rule of law operation that needs to be continuously promoted; and that the legal theory of legal sourceism should be used as a critique Of the target, put forward the civil norms of judicial research using the theory of institutionalism approach.