Judicial Application Of Good Morals

Adjustment of people in social life, social order is not only a legal, there are long-lasting, and common folk customs. Many inspection today is the world of derivatives trajectory, we can easily find, in the true before the appearance of law, norms groups adjust their individual behavior and the relationship between people and firmly rooted in the hearts of some abstract rules is their long life was gradually formed by everyone recognized some common the concept of the rule, they tenacity exists in people's thinking, and to regulate people's behavior, guiding people's lives, these are folk customs. As a folk habit of "good practices" - good customs, their judicial activities to be applied are consistent with the spirit of the law, but also has a practical significance. However, due to its good customs uncertainty, in its decision of judicial practice it is difficult to grasp and use. What is meant by "good", how to define and measure, public order and good customs and the only criteria is relatively standard, not too small. On the basis of this rise to the question is, in the custom of using good trial practice, so they are in judicial activities play its important role, which involves the collection of good custom finishing and type of analysis, the norms of good customs, enter the path to justice and many other issues. This article holds that the good and honest customs extremely abstract as a basic principle of civil law, can not be directly applicable in cases with a typical case of the type of research as an opportunity to develop appropriate standards of justice and the use of rules, customs explore good practice applied to the path to justice in a timely and appropriate manner under the framework of apply good customs.