There are still stable foundations for the existence of folk custom as conventional civilian rules The judicial application of folk custom is favorable for the solution to dispute and conflict and the promotion of social harmony Folk customs which are applied in law must be good, and are effectively used in the mediation during the litigation procedure Folk custom should be applied with the help of active justice and according to legal methods Meanwhile, we should try to find possible room for folk custom from statute and pay attention to the reference value of judicial cases guiding system on the judicial application of folk custom Within the framework of the existing law, there are insurmountable difficulties for the judicial application of folk custom in the aspect of the system Therefore, breakthrough in theory and innovation in system are essential for the practice of the value of folk custom in the judicial application