A Brief Analysis on Utilizing Religious Customs as the Legal Origin of Civil Law

Abstract

The Civil Code is the expression of unified spirits and ideology of the ethnical people. In the procedure of making the Civil Code, the legalization of religious affairs is inevitable, and cannot be overlooked. It should be acknowledged that in the process of legalizing religious affairs, the religious tradition and customs have a certain degree of value and status in the history of civil law. This article reviews the transformation of attitude toward the value of religious customs per civil law legal origin, it also reasons the legitimacy of existence of China’s civil law legal origin based on the importance of religious customs, the historical development of religious customs and their parts in the making of civil law, as well as making rules for religious customs as a pre-requisite of civil law legal origin in the procedure of legalizing religious affairs.