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Study On The Criterion Of Public Order And Good Custom

Posted on:2020-11-19Degree:MasterType:Thesis
Country:ChinaCandidate:X J LiuFull Text:PDF
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Public order and good customs are the moral standards for maintaining social order and the legal principles formed by the development of human society.With the rapid development of modern society ruled by law,the timeliness of law cannot be completely synchronized with the society.In order to maintain the stability and authority of law,the application of legal principles in judicature is particularly important.As a legal principle,"public order and good custom" has become the basis of civil judgment in China.This paper probes into the specific problems and the reasons behind the court's determination of the principle of public order and good custom from the perspective of the current judicial situation.This paper attempts to discuss a set of relatively clear and specific judgment criteria for guidance,improve the efficiency of litigation to achieve good social results.Specifically,this paper is divided into four parts:The first part introduces three typical cases of luzhou bequest case,"beiyan yunyi" name lawsuit and zhengzhou murder house case,including case introduction,dispute focus and verdict.In conclusion,the common disputes focus on the difference in understanding of the principle of public order and good custom,which is embodied in the following three problems: not clarifying the objects of judgment,the lack of detailed judgment rules,and the lack of objectivity in the trial result of the case,so the judge's discretion should be limited.The second part mainly expounds the basic theories of public order and good customs,including the basic connotation of public order and good customs and the classification of the behaviors violating public order and good customs in the two major legal system countries.The third part summarizes and analyzes the current situation,problems and causes of judicial application.Taking the court judgment as the entry point,the data investigation and analysis of the application status of public order and good custom in the judgment of civil cases show that the judgment standard of sample cases confirms that three problems in typical cases are common phenomena,and the causes of these three problems are analyzed.The fourth part puts forward the countermeasures to establish the judgment standard: first,clarify the applicable objects of the principle of public order and good custom,and correct the errors in the judgment of the court.The second is to standardize the judgment basis of the principle of public order and good custom.Third,the introduction of the auxiliary system to ensure the objectivity of the judgment results,including the participation of people's jurors,the establishment of hearings and expert consultation system,from the procedure to promote the fairness and objectivity of the judgment results.
Keywords/Search Tags:the principle of public order and good morals, the judgment standard, behavior typing
PDF Full Text Request
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