The paper tends to analyze the marital practices in Gansu Province at that time with reference to A Survey Report of Civil & Commercial Practices issued by Judicial Department,the late Nanjing Kuomintang Government.

Litigation Customs Investigation in the Late Qing Dynasty and the Complication of Litigated Codification in the Late Qing Dynasty

Traditionally the Criminal Law was largely accounted with,Civil Law or Real Law s lacking led to the often-role-playing of civil customs in China.

During the far-flung practice, the civil contract behavior has been under the regulation of both state laws and the civil customs, and gradually the contract with strict and precise structure appeared.

The civil custom is a kind of custom, it is the custom about of property, claims,relatives and inheritance, include the custom of the dispute deal.

The civil customs,as an important part of the local legislative resources,deserve due attention in the legislative process.

By September of 1944,the High Court successfully collected 69 civil customs containing rights and obligations from 8 counties,and made a preliminary differentiation of them by their collectors.

Considering the civil law s spirit and the legislation precedent of the countries in the world,as well as the national written law s difficult place,we think it is necessary to take civil customs seriously.