Consideration Of The Principle Of Civil Law Of Public Order And Good Morals

Public order and good morals plays an important role in the civil legal system. It incorporates two meanings, namely, "public order" representing the social public order as well as "good morals" representing good morals of the society. The article has explained both meanings of it. The principle of public order and good morals established in the civil law can be originated from the Roman times, developing then from the Civil Law of France to that of German and Japan. It has finally become the most basic principles in the civil law of countries of continental legal system., such a result has in turn promote the overall development of civil law.Comparing the regulations concerning public order and good morals of those western countries and China, it is very clear that the latter has not attached great importance to the principle of public order and good morals, which can be shown in China's civil law. Neither in the civil law nor in the related law like contract law can we see the clear expression and definition of the principle. We have used vague and abstract terms even with political sense to show the understanding of public order and good morals, which is incompatible with those regulations in the western countries' civil law. Considering that shortcome, the author analyzes the reasons of the current expression of the principle in China's civil law and also give certain suggestions on how to clearly express the principle in the China's civil law. In order to make the suggestions more objective and the clear establishment of the principle of public order and good morals more essential, the author has also compared the principle of public order and good morals with other principles in the civil law.Establishing the principle of public order and good morals as the basic principle in China's future Civil Law can not only overcome the restriction of written law but also give more rooms to the judges, which can be exemplified in author's demonstration of the types of behaviors against the public order and good morals and the related legal results of those behaviors. Therefore, the principle of public order and good morals in China's future Civil Law becomes essential. However, even if we have clearly expressed the definition of public order and good morals in the Civil Law, how can we make that into concrete regulations and make the spirit of the principle through the whole system of the Civil Law still needs our deep considerations. Concerning that, the author gives his own opinions.The whole paper consists of three parts. PartⅠis the overall introduction of the principles of public orders and good morals. The author attaches importance in the origin, functions and features of public order and good morals, the role of which in the civil law has also been explained basically.PartⅡmainly focuses on the basic theories of the principle of public order and good morals. The author has explained several key theories, namely, the relations between the principle of public order and good morals and other basic principles in the civil law, the standard and probable legal results of the objection of the public order and good morals, etc.PartⅢattaches importance in the explanation and suggestion of the establishment of the principle of public order and good morals in our future Civil Law legislation.