| Civil Code of the People’s Republic of China,as the first law named after the "code" in our country.It regards "Cultivate and practice the socialist core values" as the object and purpose of legislation,the principle of public order and good customs is stipulated in Article 8 of the General Regulations,and some specific rules also involve the principle of public order and good customs.In order to regulate social order,stimulate social vitality,promote social righteousness,and to provide a guarantee of the rule of law for the realization of good law and good governance in our country.Since the introduction of the principle of public order and good customs,courts at all levels have increasingly applied the principle of public order good customs directly in judicial decisions,while at the same time highlighting the many problems that exist in judicial practice,such as the circumstances and conditions of application and abuse of rights,which more or less affect judicial credibility and social justice and require urgent remedial amendments.In many countries,the principle of public order and customs is applied judicially in a typological manner,which is not a bad solution,but in view of our national conditions,it is also necessary to take into account people’s customs and habits.The socialist core values play a leading role for the state,society and individuals,promote and cultivate people’s values,form a harmonious and healthy wind in society,transform the socialist core values into people’s emotional identity and behavioural habits,and the typology mechanism combines the spiritual core of the socialist core values,making the socialist core values the value judgment standard of the principle of public order and customs,which not only can solve the defects such as the ambiguity of the principle of public order and customs in judicial application,but also conforms to the moral standards of the general public in society,making it more accessible. |
PDF Full Text Request