On The Principle Of Public Order And Good Morals,

Good Order & Custom is combined by public order and good custom。The law concept of Good Order & Custom should be held by common definition and testing analogy。Good Order & Custom develops from the concept to legal precedent,from the primary limit to free contracts gradually to common basis,Finally it has become a basic principle.The formulation and development of the good custom principle of the common preface,is exactly legislators on the basis of announcing the value orientation and evaluation criterion,summarize legislate,legal precedent and successful experience of theory,advance law gradually sound,complete result. The principle of Good Order & Custom bases on social economic changes,the realistic philosophy is coming popular and the concept changing of civil law. Being one of basic principles,the Good Order & Custom can not only protect the realization of constitutional rights,expand public morality make up the bland between law and morality but also judge the fitness of usual laws,and the effectiveness of civil practice,keep the balance of interest between the individual and the society.。The principle of Good Order & Custom acts on legal conduct. The consequences have to be accepted if anyone breaks the rules,who violate common preface good custom principle will cause juristic act invalid , relatively invalid and cancelling absolutely. Viewed from the present fact,our national civil law hasn't clearly adopted the principles of the Good Order & Custom,Foundation and completion , pay attention to whom morals enlighten by education traditional and current regulation of law establish the objective condition for common preface good custom establishment of principle of market economy. By using legislations,theories and judicial practice of other countries and the reality of our country,the outline of our coming Good Order & Custom in the civil code should be formed with the following four parts: First,set the Good Order & Custom as basic principle of civil law. Second,set the operational rules of the Good Order & Custom,then identify the varieties of violating the Good Order & Custom, Finally, set the principles of violating consequences and inculpating.