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On Public Order and Good Administration of Justice Apply

Author: ZhouLiYong
Tutor: WuJun
School: Shenyang Normal
Course: Legal
Keywords: public order and good principles application ofthe principle of public order and good morals systemimprovement
CLC: D926
Type: Master's thesis
Year: 2011
Downloads: 164
Quote: 0
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Abstract


Civil law is the basic law to adjust civil legal relations, and adjust all aspects of social lifein the civil legal relationship. But it also is extremely important sector law in the entire legalsystem. Although there are many specific civil legal norms, but these specific legal norms andrules can not adjust to the legal aspects, with a certain lag. The ever-changing social behavior,not exhaustive, there must be some acts there is no specific legal norms to be adjusted to thesituation. Therefore, in order to reflect the social value of law, maintain social fairness andjustice, there are many principles of civil law. For example the principle of fairness, contractlaw principles of equivalence compensation are very important legal principle. Throughout thelegal system and judicial practice have played an important role. The public order and good isa basic principle in civil law, civil law embodies the spirit of the legislation. The application ofjustice in civil law, the absence of express provisions of acts of force and the infiniteexpansion of private rights, and rights can not be abused, to rely on the principle of publicorder and good morals to be adjusted. Public order and good principles of universal legalvalues recognized by the world by most countries. In the modern Chinese economic and socialperiod of rapid development, legal awareness of citizens more legal knowledge richer, moreattention to the rights of individuals to maintain, when the specific legal provisions are notadequate evaluation and constraints of the main acts, public order and good principlesirreplaceable role, can limit the body’s autonomy and civil rights abuses. But in our practicalapplication in judicial practice, the principle of public order and good morals is a highlycontroversial legal principles, many practical problems in China’s judicial practice it failed toplay its due role. Public order and good definition of the concept, discretion, function,application of standards and regulation and so need to be further developed to determine,making it more vulnerable to judicial officers to grasp and apply, so as to achieve its coverloopholes in the law reflects the civil spirit of the legislation, safeguard social fairness andjustice role.In the process of writing the paper, the writer draw on the knowledge and research athome and abroad, to France and Germany, selected as the representative of the civil law, forexample. By analyzing the different countries of the definition of public order and goodmorals, the application to determine its legitimacy. Integrated use of domestic andinternational legal literature to be analyzed by summing up experiences and so on, with theirown trial practice. Systematic study of the principles of public order and good definition,practice applications, and limitations, and regulation. Tried to be careful of this topic have acomprehensive, in-depth grasp. Of the problems in the judicial application put forward theirown ideas and solutions to improve public order and morals of the legal function. The principle of public order and good judicial practice in to play a greater role. To promoteChina’s rule of law, social and economic development.

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CLC: > Political, legal > Legal > Chinese law > Justice system
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