Research On The Judicial Application Of The Principle Of Public Order And Good Moral

As a basic principle of the civil law,the principle of public order and good custom has undergone a long development in our country,and it finally becomes the basic legal principle expressly prescribed in the Civil Code of the People’s Republic of China.In our civil law,the importance of the principle of public order and good custom is never doubted.However,due to the particularity of public order and good custom itself,there are no clear provisions on its specific content and application in the law,so the judicial application of the principle is still very controversial.Judicial documents are important materials to study the judicial application of the principle of public order and good custom in China.According to the relevant data of China Judicial Documents Network,the application of the principle of public order and good custom in judicial practice shows an increasing trend year by year,and the scope of application of the principle has increased significantly after the formal implementation of the Civil Code.It is widely used in all kinds of cases in the civil field,such as judging the effectiveness of civil legal acts,judging the illegality of torts,judging the effectiveness of contracts,resolving real rights disputes,etc.In this study,930 judgments applicable to the principle of public order and good customs were screened out from the relevant judicial decisions within one year after the implementation of the Civil Code.Based on this study,problems existing after the implementation of the principle were studied,and judges’ application of the principle of public order and good customs in judicial decisions and definition of its connotation were discussed.Summarize the existing problems and influences of the principle of public order and good custom in Chinese judicial decisions,and discuss the methods to solve these problems.