A Study Of Types Of Behaviors That Violate Public Order And Good Custom

The principle of public order and good custom as the basic principle of civil law,the main function is to make up for the lack of provisions of the law,in the judicial practice to achieve case justice.However,the judicial abstraction caused by the high abstraction of the concept of public order and custom requires that the jurisprudence solve the problem of the principle of public order and custom through the study of the types of public order and good custom violations.Because of the current research on the types of good and bad customs in our country,it is not enough to reach a consensus.This article will carry out an in-depth study on the types of violations of public order and vulgar behavior,and explore the types of good and bad behavior,Research results and judicial practice cases,the comparative method of research methods and the combination of local context,to be designed to effectively guide the practice of violation of public order and good custom of the type of behaviors.This article is divided into six parts:The first part summarizes the violation of public order and good custom behavior,including the general theory of violating the principle of public order and good custom,the legal effect of violating the public order and good custom and the connotation and significance of the kind of violation of public order.This part not only sums up the different understandings of the concept of public order and custom in the French,German and Japanese scholars,attempts to define the violation of public order and good customs,but also sums up the civil code of nine countries or regions Civil law and act of the relevant provisions of the invalid;the part of the final rooted in China’s local judicial practice,clarified the violation of public order and good custom of the significance of the study.The second part,from the second part to the fourth part of the whole is through the four at the academic and applicable level of violation of public order and good behavior of the type of development of more mature countries or regions of the system conducted a systematic and in-depth discussion and evaluation.In this part,the author sums up the viewpoints of German and French scholars to study the types of violations of public order,and compares and evaluates the views of scholars of the two countries.The analysis includes the analysis of the research status of the scholars in our country and the author’s view on the scholars of the two countries.In the third part,the author points out that the Chinese scholars have paid more attention to and commented on the viewpoints of the scholars’ A detailed review of the type of view.This paper not only shows the characteristics of Japanese scholars’research on the development of this type of research,but also applies to the research method which is more suitable for our local context.The fourth part first summarizes the views of scholars in Taiwan on the violation of the types of public order and some of our scholars’ comments on these views.Later,for the evaluation of Chinese mainland scholars and the study of Taiwanese scholars in China,the author has done further analysis and evaluation.Because of the great similarity between China’s Taiwan and Chinese mainland in the local context,the evaluation of this part not only evaluates the view itself,but also demonstrates some of the types of research and concrete views in the Taiwan region.The fifth part summarizes from the foreign countries and regions to return to mainland China scholars on the violation of the law of good and bad behavior of the type of study,summed up the violation of public order of good and bad behavior type of development over twenty years of seven more representative scholars point of view.Mr.Liang Huixing as a pioneer of this study,the views of other scholars in China far-reaching perspective.Therefore,the evaluation of the views of scholars from the point of view of Mr.Liang Huixing and other scholars point of view on the evaluation of the two parts of the start.Based on the research of Chinese scholars,it is of great significance for the final construction of the type of violation of public order and vulgar behavior which conforms to our local context.The evaluation of this part is more obvious than the analysis of several other parts.The sixth part expounds the author’s research on the type of violation of the law of goodwill,and clarifies that the construction of the type of violation of public order should proceed from the practice of local judicial practice and put forward the preconditions that should be paid attention to in the construction of the type and the corresponding in principle.Finally,based on these methods,the author designs the types of behavior that the author believes to guide the practice of judicial practice in violation of public order and good custom.