| The principle of public order and good morals as social norms,ethics,and social customs of the different nature,ethics,social customs belongs to the general social norms,and the principle of public order and good customs belongs to the category of legal norms.For some areas which can be adjusted by ethics and social customs,the principle of public order and good morals,which is the basic principle of civil law,will not take part in it.The field of marriage and family legal cases according to the judicial practice in recent years to apply the principle of public order and good morals judgment for the material,124 cases according to different types of citizens is caused by the right of name dispute,caused by the "price" of litigation,due to extramarital "third person" the donation behavior litigation,due to inheritance problems caused by the dispute,because of legal succession problems caused by disputes in several categories,and carefully selected 49 cases as the case materials in this paper,combing in the different circumstances of the case,the judge explained how the principle of public order and good morals connotation.In the last chapter of this paper,the author summarizes the application principle of the current path and the plight of marriage and family field in the judicial judgment of public order and good morals,and that the decision reason partly explain the connotation of public order and good customs now enhanced,through the reasoning of the judgment of national cultural heritage to achieve urgent task at two points: first,training of judges legal thinking;second,improve the relevant department law.The principle of public order and good custom is the guarantee of the inheritance of ethical culture,customs and traditions,and the entry into the modern life.Therefore,to improve the level of the judge's judgment in the judgment document is to seek the support of the system level for the Chinese nation's marriage and family culture. |
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