Luzhou Mistress Inheritance Case Law Analysis

More than10years ago," Luzhou mistress inheritance case" because of the particularities of the case, in the community caused the wide attention of public opinion. Despite the case the last judgment results meet the most public expectations, but some of the legal profession as " morality and law" and" feeling" conflict, even that which is under the pressure of public opinion to make together misjudged case. In order to effectively solve the similar cases, better reflect the legal justice, a pressing matter of the moment is to search for a universal legal conclusions, and this conclusion is itself controversial public order and good custom principle applied directly, or’ public order and good customs " of the first case to people thinking space also lies in this.This paper is mainly divided into five parts, the first chapter briefly analyzes the merits of the sequence of events, around " Luzhou mistress inheritance case" the controversy triggered summed up the essence of the problem, and then this paper discusses the principle of public order and good custom to pave the way. The second chapter of the principle of public order and good custom origin problem to do a preliminary exposition, and then use the method of literature review, comparative law and so on the public order and good customs of the connotation and extension are analyzed, in order to define its scope, so that people in the understanding of its meaning, legal basis. The third chapter mainly introduces the principle of public order and good custom itself between each element and its and external ethics relation and difference, aims to clear the case itself is not alone is a moral and legal issues. The fourth chapter introduces the principle of public order and good custom function, the function made a dialectical analysis, designed to illustrate the principle of public order and good custom is not everything, to be rational. The fifth chapter discusses the application of public order and good custom principle and the significance of its specific application, and in the process of the analysis, on the principle of public order and good custom in the application process of the problems and put forward some suggestions.Finally, the above analysis the conclusions drawn in this paper.