Legal Consideration "Hiratsuka Rehabilitation" Policy Under The Principle Of Public Order And Good Morals

Hiratsuka rehabilitation was a funeral reform areas such as Zhoukou City, HenanProvince, carried out, namely the elimination of farm mound, restoration of agriculturalland. Hiratsuka rehabilitation policy as an important part of Huimin Bingai, ask thecemetery will be scattered in the field of restoration of farmland, on the other hand requiresadvance funeral reform, with3years to complete full coverage of rural public cemetery, docremation rate of100%, completely buried in mass graves contain the stolen equipment andashes coffin secondary, no emergence of new graves, phasing out old graves. From theperspective of policy-making purposes, Hiratsuka intention is to solve large-scale farmingmachines, competing for the dead and the living problems. But the reality, Hiratsukapractice with the local customs and traditions of exquisite buried contrary, does not meetthe requirements of public order and good morals, by the masses varying degrees ofresistance. In some areas the practice of forced Hiratsuka also been questioned."Hiratsukarehabilitation" policy and civil law principles of public order and good morals there is aconflict, it is necessary to analyze and demonstrate the problem. This paper attempts toexplore the policy from a civil law perspective, the level of ethical thinking elevated to theheight of legal theory.A total of three sections of this article, the preamble summarizes the literature reviewand abroad significance of the topic of this article, background and research topics. Thesecond part is the body, including the second chapter to the forth chapter. The secondchapter introduces the definition of civil law on the principles of public order and goodmorals, respectively, from the civil law and the law of public order and good moralsprinciples outlined Anglo-American, and a brief description of the civil law definition ofpublic order and morals principles. Emphasis on the moral standards of knowledge,identified by analysis of good morals and recognized standards body, certainly burial in linewith the requirements of good morals, ethics violation forced Hiratsuka. But with thedevelopment of society, the content of moral standards should also be times, the progressiverealization of refinement and promote social harmony. The third chapter is under theprinciples of public order and good morals,"Hiratsuka rehabilitation" policy considerations,first analysis of the conflict between public interest and private interests may lead tore-balance the relationship between the two. Restrictions in the public interest and personalinterests, but such restrictions must have a certain limit. Personal interest is notunconditional concessions to the public interest. And stressed that the public interest in therealization of the principle of proportionality in the application. Furthermore the principles of the three sub-principle of proportionality analysis. Hiratsuka rehabilitation should alsoimplement these principles. Through a philosophical point of law and law and economicsanalysis of human rights values, respectively, and the value of the pursuit of efficiency,necessity Hiratsuka draw rehabilitation, as well as the conclusions in the pursuit ofefficiency should focus on the protection of human rights. The fourth chapter is onHiratsuka rehabilitation policy analysis and public order and morals principle functions.Both have to fill the legal vacuum and soften the rigidity of the legal function, and caninteract law and good morals, and stressed that only in line with the principles of publicorder and good morals in order to reflect the requirements of civil policy Huimincharacteristics. Finally, the article is a summary of this article.From the perspective of civil law, by introducing the principle of public order andgood morals, research under the principles of public order and good morals,"Hiratsukarehabilitation" of the conflict and balance problems caused by the policy. The method usesa literature review article, a review of the literature on the principles of public order andgood morals, public and personal interests at home and abroad, read political science,administration, social security and other related books, find different countries on theprinciple of public order and good morals application methods, summed up the reality ofour country for the good customs of that standard in line with China’s national conditions.Then a comparative study method, by studying the status of the civil law and the commoninterests and personal interests of the common law of each country, and research dealingwith public affairs of these countries governments to balance the interests of all sides, andin contrast to the country’s existing laws inadequate, learn from the experience andinspiration of developed countries, to improve the process of policy-making in the interestsof trade-offs. Inductive research methods, the author analyzes the relevant data compilation,from a philosophical point of law and economics perspective of human rights law conflictssummed value and efficiency values are. Combined with article topics, drawn into accountthe conclusions of two values. Affirmed the necessity of implementation of the policyHiratsuka rehabilitation, but emphasized the importance of civil rights protection. Hiratsukarehabilitation policy only in line with the principles of public order and good customsrequirements to reflect its policy as a civil Huimin characteristics.