On Principle Of Public Order And Good Morals

Public order and good morals is an important principle of the civil legal system. For a long time, it has already been established as a basic principle by foreign civil law, and has played an important role in realizing legal justice ,bringing about an advance in society, it has been promoted it's own perfection and progress of the civil law at the same time . This text introduce the basic theory of public order and good morals, propose a primary imagination of establishing the principle of public order and good morals in our civil code ,and state its great importance to developing social market economy to our nation.This text is divided into two parts: the basic theory of the public order and good morals; establising and meaning of the principle of public order and good morals in our civil code.Some of introduction" of beginning of article, through the Huangyongbin legacy case known as " the first case of public order and good morals in China " educe that what is public order and good morals and whether it should be established in our civil code as a principle.The first part of the main body of the article is about basic theory about public order and good morals. First of all, it explain the meaning of public order and good morals. Public order means law and order refering to the human public life order which is identic to human basic interests, basic interests of the country, and society. The good morals meaning good habits , is that the general habit to some questions of people knows under the specific social condition . In theory, the scholars generally describe this concept as the morals, however the most basic code of ethic, it is the minimum ethics that the specific society respects that is required. Because the public order and good morals are same as for the purpose ,are both the most basic behavioural norm of the human societies, and are coincident on some content, the two complement and bear , support each other, give play to the effect together, so it should be stipulate in the civil codes in the lump . Secondly, it discusses the relation between public order and good morals principle and the honest credit principle. Because the public order and good morals principle and honest credit principle are both legal codes of ethic , in order to hold the interreaction between these two principles in the civil code better, The article compares them from the respects, such as historical evolution, value orientation, function, application,etc.Moreover, it analysed the function of thepublic order and good morals . The author thinks , the function of the public order and good morals is embodied in four aspects. The first, the public order and good morals principle has maintained the justice of the law. Second, the public order and good morals principle has overcome the limitation of the law. The third, the public order and good morals principle has expanded judge's right of judging amount freely. The fourth, the public order and good morals principle makes the civil law become an open system. At last,it summarize the development trend of the public order and good morals principle since World War II. The author thinks the principle of public order and good morals' field transmit from mainly regulating anti-ethics behaviors to more regulating economic behaviors in the market.And its value orientation and purpose to realize are transmitting from social justice centered as guaranteed human relation and ethics order to adjusting the human world in charge , guaranteeing the fairness of the marketing.The second part have mainly probed into the standing and meaning of public order and good morals principle in our civil code. Not establishing the principle of public order and good morals in our existing civil law, neither accords with the international civil legislation trend, nor with the fact of reform and opening up to the outside world , and has produced a series of questions during the judicial practice. So, when our national civil code is making , it is necessary to consider whether establishes a principle or...