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On Principle of Public Order and Good Morals and Its Application on Judicial Practice

Author: ZhaoJun
Tutor: LiuZhiGang
School: Hebei University
Course: Civil and Commercial Law
Keywords: public order and good morals principle application
CLC: D913
Type: Master's thesis
Year: 2010
Downloads: 208
Quote: 2
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Abstract


Public order and good morals is an important principle in civil law.Firstly, this paper describes the basic theory of public order and good morals.People think the originof this principle has been in france in roman law,and express this terms formally in French civil code.Public order and good morals became fundamental principles from general principle of civil law in the 20th century which guided by German and Japanese civil law. This is the developmental sequence of public order and good morals principle. Since then,the author discusses the connotation of the public order and kindness,and the scholars have basic agreement on this issue, but there is also a malady that is all use ambiguous language to define more obscure public order and good morals.The author also believes that the public order includes the basic law principles in a state and the organic regulation system which is constituted by national sovereignty and security,but good morals can be explained into fundamental morality for state and society.Since then, the author also preliminary analyses scholars why use ambiguous language to define more obscure public order and good morals. Secondly, the author compares civillawcountry with commonlawcountries about institution of public order and good morals,and put forward their similarities and difference and discusses our country’s public order and good morals furtherly on this basis.In the last section of this paper ,the author analyses the application of public order and good morals principle in judicial practice on the basis of its application on judicial practice in other’s countries .

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