Research On The Application Path Of Public Order And Good Morals In Contract Case

With the continuous progress of society and science and technology,the scope of application of public order and good custom has been further expanded,and the number of judicial cases has been increasing.The core legal effect of public order and good custom is to judge the effectiveness of civil legal acts,and the number of contract cases applying public order and good custom is much more than other civil cases,accounting for the main position.In this context,aiming at the application status of public order and good customs in contract cases,from the perspective of the application situation and way of analysis,it is found that the uncertainty of public order and good customs itself and the lack of judges’ cognition lead to the risk of application errors and confusion in the application of public order and good customs in contract cases.The errors of application are as follows: excessive specific rule of public order and good custom and different judgment of the same case;The confusion of application is mainly manifested as: the application of public order and good custom is vague and the application of basic principles is confused.In view of the above problems,it is necessary to clarify and unify the value judgment system,follow the modesty and locality,clarify the validity judgment standard of the contract in violation of rules and regulations,and construct the optimization path of guiding case resource base.In the way of application,we should exhaust the specific legal rules,distinguish the basic principles and general provisions in the public order and good customs,and distinguish the optimization path of applying the public order and good customs and other basic principles.This paper is divided into four chapters.The first chapter defines the academic basis of public order and good custom and makes a comprehensive analysis of the current stage of the application of public order and good custom in judicial application and contract cases,which lays a foundation for the study of the application path of public order and good custom in contract cases.The second chapter investigates the application path of public order and good custom in contract cases.Mainly through the two aspects of the application of public order and good customs in contract cases are elaborated: the third chapter is on the basis of the second chapter to discuss the dilemma of public order and good customs in the application of contract cases,and discusses the causes of the problems.Mainly: there is the risk of causing the wrong application of public order and good customs and the risk of causing the confusion of the application of public order and good customs;The cause of the above problems is the generality of public order and good custom itself and the lack of the judge’s cognition.The fourth chapter is on the basis of the first two chapters,combined with the academic research results,targeted to put forward the public order and good custom in contract cases in the judgment method and the optimization of the way of application.