Judicial Application Of The Principle Of Public Order And Good Custom In Specific Cases

A principle of public order and good morals occupies an important position in the civillaw system. Public order and good morals embodies the principle of norms of civil law andunity of the completely social ethics, but also has to overcome the limitations of statute law,and order to coordinate freedom of contract and resolve important functions between law andsocial life tension. Therefore, in the interests of Gao other personality compensation case, inthe absence of specific legal norms prescribed, the court applied the principle of public orderand good morals to make the decision to support Gao proposition finds Chongqing XCollege‘s behavior violates public morality. So in the case of this article,elaborates theprinciples of public order and good morals function in such cases, the applicable plight, whilepublic order and morals focuses on how to apply the principles of the question. Addition tothe introduction of this article, which is divided into four parts, and structured as follows:The first part is the basic situation of the case. In this section, first introduces the basiccircumstances of the case, then the court judgment in the case, finally give the questions,namely the principle of public order and good morals how to apply in such cases.The second part is the principle of public order and good morals theoretical analysis. Inthis section, the author introduces the connotation of public order and good morals. Thendescribe the functions of public order and morals principles. Combined merits of the case,discussed in detail the function and role of the principles of public order and good morals inthe present case.The third part is public order and morals principles applicable in the presence of judicialdilemma. Firstly give some general principles of public order and good morals in the judicialapplication of the dilemma. Then combined with the basic circumstances of the case,describes the plight of the principles applied in specific cases.The fourth part is the case study conclusions and inspiration. First introduced of the wayon the general judicial principles apply to public order and morals. Under the premise of nospecific legal norms prescribed, by determining public order and morals principles applicablestandards to determine whether a specific case application of the principle. Then combinedwith a similar case in the courts to deal with cases and contact the second part and the thirdpart to analysis, explain the principles of public order and good morals specifically applicable in the present case. Combined with the principle applies in the case of difficulties, the type ofregulatory proposals complement regulation and value for public order and morals principlesof justice apply.