Judicial Application Of The Principles Of Public Order And Good Morals

Since Public Order and Good Morals was established in the French code. This principle achieved a great deal in theoretical research, also gained widely application in judicial practice. In our country, due to the lack of theoretical guidance, the principle of application is still in exploration stage, extremely easy to debate. The purpose of this article aims to find the right solution in our applicable dilemma for The principle. Full text subject is divided into four parts altogether.The first part of this paper analyzed the feasibility of Public orders and Bonus' judicial application. It demonstrated from two aspects, both in theoretically feasibility and the reality of feasibility concretely. First of all, from the perspective of peculiar "Cause function", the author demonstrates the judicial application of the principle not only feasible but also necessary. I try to prove realistic feasibility of the principle, in the meantime, the author expounds in two angle that this principle have already appeared in foreign laws and is applicable to our country's realistic conditions.The second part the author puts forward three criteria of the principle judicial application. Main criterion, order criterion and Judge rules of f Public orders and Bonus violates. The author thinks that in judicial practice, the main body of applicable principle is only court. The principle can apply to cases. Only in the condition of when there is no specific law or when laws violates basic moral bottom line.In the third part, the author analyzes the three difficulties of The principle of Public orders and Bonus' judicial application, including the difficulty to determine the connotation and extension of Public orders and Bonus, Optional applicable risk expanding and the imbalance of the Conflict between Other legal principle and The principle of Public orders and Bonus The author discusses the disgraceful consideration how to regulate the principle of judicial apply. On the principle of judicial applicable regulatory stereotype. This also is in the present world governed by this principle practices. Put forward on its applicable value to supplement regulation.Finally, the author present situation, our country's judicial. The good common principles public order from judicial application procedures governing again. Specific include using collegial system, people's jury system and the hearing system three regulation modes.