Research On The Judicial Application Of The Principle Of Public Order And Good Morals

Public order and good morals is an important legal principle of modern civil law, recognized by civil law countries in the world. The principle of public order and good morals and the principle of good faith, like the public market economic activities in the society and its code of ethics increased to reflect the norms of civil law. civil law reflects the norms and moral unity of society as a whole, but also reflected the objective requirements of the market economy. Based on public order and good principles apply to the special nature and its own unique value, this paper purport this as a research discusses the application of the principle of public order and good morals is bound involved a few basic questions, the paper is divided into five parts, and draw conclusions.In the first part of the article by adopting specific cases to raise questions, pointed out the principle of public order and good morals important function and application of the principle necessary. The second part mainly introduced on the relevant legislation about the principle of public order and good morals in the administration of justice at home and abroad. Partâ…¢adhere to the type of research method, a more comprehensive summary of the administration of justice in violation of public order and good application of the principle of the type of vulgar, should adhere to the principles and application of results, etc. Partâ…£In conclusion, the relevant doctrine and jurisprudence at home and abroad, based on both theoretical and practical aspects put forward the principle of public order and good administration of justice in the application of criteria for judging. The last part of the article to our system as the perspective of the practice started, focusing on highlighting this problem in our country in the Context of the study. He inspected the principle of public order and good application of the basic situation in China as a way to review the judicial application of this principle in our shortcomings. In the end, the article focuses on China's restrictions on the discretion of the judges, from the perspective of macro-and microeconomic principle of judicial application of the methodological significance of proposed regulatory measures to unify and standardize the public order and good application of the principle of justice.China established the socialist market economy-oriented economic system, its social structure of China's biggest impact is to lead to a new rise of civil society. In addition, cultural traditions, our country has always attached importance to the role of moral enlightenment, and thus vulnerable to the cultural acceptance of public order and good moral standards like legalized. At present. China established the principle of public order and good socio-economic and cultural conditions are ripe. We have to find a equitable, in determining the possible violations of public order and good type of technology, specific research, it is necessary to focus on limiting the discretion of the judge to prevent the judicial power of alienation, but also not trapped in the quagmire of formalism in order to achieve the principle of public order and good relative concrete, eliminating public order and good inherently uncertain.