On The Principle Of Public Order And Good Custom Of The Northern Warlords Government Period

The period of Northern warlords Government is a key stage of Chinese traditional legalsystem modernization, based on the background of the period of Northern warlordsGovernment, a detailed study on the basic principles of public order and good customs of thecivil law. The principle of public order and good morals is an important legal status in theperiod of Northern warlords Government, not only the provisions of the law is morecomprehensive, judicial practice is also very frequent. Discussing this principle can enhanceour understanding of the connotation of the principle of public order and good customs and itsinfluence on the development of the legal system of the period of Northern warlordsGovernment.This article discussed from five parts, the first part is the connotation of the principle ofpublic order and good custom and its related concepts, principle of public order and goodcustom originated from Rome law, its content mainly includes the public order and goodcustoms, in traditional Chinese society in general will combine the understanding of theapplication. Weathering in this paper mainly refers to the custom enlightenment, habits andcustoms are the people living long-term accumulated customs, habits, the principle of publicorder and good custom is a part of weathering, customs, apply this principle and used together,can have a better understanding of the status of the principle of meaning.The second part is the reasons and results of the period of Northern warlordsGovernment, the customary civil and commercial investigation activities. Principle of publicorder and good customs and habits closely, the fundamental reason to carry out thisinvestigation is ready for the "civil law draft" published; legal awareness is the reason for theideological aspects, codification "for the purpose of for rule" China empathy is the customerrequirements. A wealth of data obtained through the survey, they are traditional good customand backward malicious customs, different provinces, different regional differences of civilrights and other aspects of the content features. Do the preparatory work for the "civil lawdraft" published, in the judicial practice to alleviate the conflicts between folk custom andlaw.The third part is about the period of Northern Warlords government principle of publicorder and good customs law expression. Mainly through two aspects: one is the expression ofthe principle of public order and good custom Chinese type. In traditional society, the combination of courtesy and law, attached importance to moral cultivation, follow thepatriarchal clan system, which includes the principle of public order and good customs rich,"the ritual" contains the connotation of maintaining public order principle,"benevolence" and"filial piety" is contained the principle of good custom connotation. Two is the legal norms ofpublic order and good morals, first is the necessity of the establishment of this principle. Theperiod of Northern warlords government, all aspects of the economy, politics, culture and soon have been great development, legal aspects and Western standards is the developmenttrend of. Two is the system design principle of public order and good customs in law, whichwill "relevant legal provisions about the principle of public order and good custom law draftof Qing Dynasty Civil" and "civil law draft" in the form of a comparative analysis, in order tounderstand the draft civil law of Northern warlords government is more close to people’s lifethe principle of public order and good customs, but also more attention, this and the wholenational commercial survey activities in this preparatory work closely.The fourth part is the judicial practice of the principle of public order and good customs,mainly through three aspects: principles of conflict of laws and the public order and goodcustom; through a specific case that conflict resolution; solve actual cases steps. Theeffectively combining between the principles of law and public order and good customs canresolve social contradictions and establish judicial authority.The fifth part is the evaluation of the principle of public order and good customs, notonly affects the far-reaching influence on the period of the civil law, the period of Nanjingnational government is also very important. Although the social wars were continuous in theperiod of Northern warlords Government, the China legal system from the traditional to themodern transformation has played an important role as a link between past and future. Usingthe principle of public order and good custom is extremely valuable research, which can makeup for the lack of law, to ease the contradictions and disputes.