Application Of The Principle Of Public Order And Good Custom Of Justice

As the marginal principle in modern civil law, public order and good customs no matterwhether it is in the civil law system in the continental law system or in applying AngloAmerican case occupies an important position in. Especially in twentieth Century, theprinciple of public order and good custom is known as the fundamental spirit of the law, isone of the main manifestations of the socialization of private law. This is mainly because thefundamental principle of the principle of public order and good customs as its basic civil lawspecific norms, has a greater flexibility, the judge to overcome the limitations statute, toresolve an important tool between law and social life of tension. In view of this, whether inlegislation or judicial, the great significance of public order and good morals, decide whetherwe carry on the extent to which and the detailed interpretation is very necessary.Before the nineteen ninties, the principle of public order and good customs has not been paid enoughattention in the Chinese mainland, until recent years, emerge in an endless stream application in judicialpractice case of public order and good customs restrictions "public" autonomy of the cause, the theorycircle and the practice circle many discussion and research. This paper argues that the principle of publicorder and good customs should be discussed in the following three aspects, namely: the principle of publicorder and good custom is what, why,how to apply for. In contrast, the motherland mainlandscholars discussscope is limited to the first two issues,and Study on the third question and some weak. However,it is themost complex and the most urgent problem is theapplication of the principle of public order andgoodcustoms. The discussion of this issue is the specific application of legalmethods, research difficulty. Theshallow roots, hard not deep, but will this problem as one of the maincontents of this paper are discussed, in order to attract, and more thorough research paid more attention.