Abstract

The principle of public order and good morals, which consists of two parts: "public order" and "good customs", is enshrined in article 8 of China's Civil Code. In modern civil law, the principle of public order and good morals permeates all fields of civil law, and has become the value concept of maintaining legal order, which does not negate the autonomy of private law, but delimits the boundaries of the autonomy of private law. However, the uncertainty of its connotation and application conditions makes the application of the principle of public order and good morals will inevitably produce the contradiction between the stability of the law and the justice of individual cases. Therefore, in the judicial application of the principle of public order and good morals, the definition of the concept of public order and good morals and the conditions of judicial application should be clarified to prevent the confusion of public order and good morals with other concepts, to prevent different judgments in the same case and to prevent the escape to the general provisions, so as to realize the balance between the stability of the law and the justice of individual cases.

Talk to us

Join us for a 30 min session where you can share your feedback and ask us any queries you have

Schedule a call

Disclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.