A Study On The Judicial Application Of Principle Of Public Order And Good Morals

Public order and morals, including both public order and good morals. Public order in the political, economic, cultural, education and other areas of social life, national and social existence and development must comply with the general order. Good morals of society generally recognized ethical, moral, and other aspects of the general habits and customs.Judicial use of the public order and morals on the one hand can maintain the authority of the law, to overcome the limitations of the law itself, to achieve a higher level of legal justice and social justice. On the other hand, you can also achieve a balance between the interests of all sectors of society, things do Case Closed, maintaining social stability. Specific judicial practice, the use of public sequence and good customs of some of the issues, including the legal norms and principles of public order and morals of the specific applicable issues, public sequence and good customs of the applicable procedures, the interests of public order and morals principle applies in the measure and value choice issues, as well as public order and morals principle the type of problem. To solve these problems, to learn from foreign legislative and judicial precedents, be some inspiration in the application of the principles of public order and good morals.The foreign judicial practice typed ways to reduce the uncertainty of public order and good customs; clear the legal consequences of a specific violation of the principles of public order and good morals, and support for better compliance with public order and good customs. China specifically applies the principle of public order and good morals, you can learn from foreign practices, clear public order and morals principle of judging standards to ensure public order and morals, as much as possible to determine judgment time basis, time and scope and method of judgment, judgment conditions to judge the content and other aspects. Strengthen public order and morals principles applicable to the judicial protection by limiting judges’ freedom of discretion the right to protect the authority of the judiciary; specific applicable procedures, the establishment of the collegiate system and the establishment of a judicial committee system, the introduction of the Expert Group made the establishment of the judicial hearing system correct judicial judicial verification system, the protection of public order and good morals principles apply.Also good public order and the good folk of reasonable docking, the full application of the system to protect public order and good morals.