Research On The Concretization Of Principles Of Public Order And Good Custom In "General Rules Of The Civil Law"

The principles of public order and good customs include public order and good customs,the principle of public order and good customs was reflected in Roman law long time ago.As a basic principle of civil law,the principle of public order and good customs has the characteristics of abstractness and uncertainty,different eras,different countries or regions,and different nationalities.The public order and good customs thus formed have distinct personalities and characteristics.As a legal principle,public order and good customs play an important role in restricting private rights and remedying legal loopholes.At the same time,because they are general clauses,they have a high degree of abstraction and uncertainty,and judges have greater discretion in handling cases.In order to enhance the predictability and stability of the law,and in order to prevent judges from abusing discretion,the principle of public order and good customs should be embodied.The first part explores the theoretical basis of the principle of public order and good customs.Including the meaning,features,and functions of public order and good customs.The principles of public order and good customs have different connotations in different periods and in different countries.Therefore,the author analyzes the interpretation of the principle of public order and good customs in France,Germany,Japan,and Taiwan.The characteristics of the principle of public order and good customs include mainly uncertainty,weak specificity and strong openness.The functions of the principle of public order and good customs include restricting and restricting private rights,remedying legal loopholes,and inducing functions.The second part is a comparative study of legislative examples and typed results concerning the principle of public order and good customs in different countries and regions outside the domain,involving French law,German law,Japanese law,and "civil law" in Taiwan.The third part is the legislative example that elaborates the principle of public order and good customs in the mainland of China,and the research results of the scholars on the principle type of public order and good customs,including Mr.Liang Huixing's typed results,Professor Zhao Wanyi's research results,and Professor Yu Fei's research results.The fourth part,as the main part of this paper,is based on a large number of judicial practice judgments,a type analysis of the cases of violation of public order and good customs in China's judicial practice.The “General Principles of Civil Law” came into effect on October 1,2017.Since this date is shorter than the date of writing this article,there are fewer practical judgments available for reference.Therefore,in the course of the “China Judgment Paper” regulation case,"Public Order,Good Customs," "General Principles of Civil Law of the People's Republic of China," Article 7 "" Civil Cases "" Civil Cases "is the search key word,and more than 800 judgments have been obtained.Among them,more than 150 judgments in 2014 compared more than 40 judgments in 2013,and the case samples have grown in spurt.Therefore,the author used the time period from January 1,2014 to December 16,2017 to bring more than 750 cases in four years were screened,collated and classified.A total of 317 cases were met and the case group was divided into eleven types.There are eleven types of behavior.Including harming national public order,violating relationship between men and women and sexual morality,violating family ethics,infringing on personality rights,infringing on property rights,shooting fortunes,breaching the principle of fairness,violating professional ethics,feudal and superstitious behaviors,endangering the harmonious relationship between friends and neighbors,and violating the obligation of reasonable care among friends...