Though,there are different views on the essence and concept of custom in sociology,history,anthropology and institutional economics,according to the Marxist standpoint,custom is regular system that normalized the behavior of subject determined by economic life of social subject,and the direct reflection of the legal right requirement of social subject from soci.

Compared with the internal requirements from the development of market economy,the collective land property right in China s countryside is a kind of unclear,unequal and incomplete legal right.

The legal-right relation of individual production is preservation -quantity relation in accord with traditionally public-private legal right.

Marx law philosophy propose that : Justice is the combination of value justice and system justice, and justice is just the more abstract expression of the right.

Modern right roots in civil society,by whose characteristics the transformation of right in market economy and the foundation of modern right rule can be found their theoretical basis.

Since the traditional right institution has the shortcoming of a confliction between the whole will and the individual freedom so as not to maintain and fulfil both benefit and wish,therefore,it is left to the modern society of rule by law,which has the right reason as its core,to overcome the shortcoming in order to achieve the objects above said.

Through the historical review and the analysis, this paper aims to find out how the legal rights in the Mixed Court had changed and what people (members of the court ,merchants and revolutionists) did with these changes.

On the issue of the transformation mode of economics, there exist differences between the right of civil law and that of the economic law.