The principle of public order and good morals in the civil code

Public order and good morals refer to the public order and good morals

and is one of the basic principles of civil law.

The General Principles of Civil Law stipulate that "civil activities should respect social morality and should not jeopardize the interests of the public", which essentially refers to public order and good morals, only that the concept of public order and good morals was not explicitly used at that time. The General Principles of the Civil Law and the Civil Code legislation to make a breakthrough, the explicit use of the concept of public order and morality.

Public order refers to the basic order and fundamental concepts in the political, economic and cultural fields, and is the fundamental principles, values and order related to the overall interests of the state and society. Good customs, refers to customs based on the prevailing moral concepts of society, can also be called social public **** morality, is generally recognized by the members of society, follow the moral code.

Civil legal acts are

invalidated due to violation of good customs and morals, reflecting the law's limitations on the autonomy of meaning, but because the concept of good customs and morals itself is more elastic, it should be applied cautiously in specific cases to avoid excessive derogation from

the autonomy of meaning of civil subjects. Civil law doctrine generally adopts a typological approach to classify behaviors that violate public order and morality

, including but not limited to the following:

(1) Types of behaviors that endanger the national political, economic, financial, tax, financial, and public order order;

(2) Types of behaviors that endanger family relationships;

(3) Types of behaviors that endanger sexual morality;

(4) types of behavior that violate human rights and human dignity;

(5) types of behavior that restrict economic freedom;

(6) types of behavior that violate fair competition;

(7) types of behavior that violate consumer protection;

(8) types of behavior that violate workers' protection,

and so on.

Legal Basis

The People's Republic of China*** and the National Code

Article 8 Principle of Compliance with the Law and Public Order and Good MoralsCivil subjects engaging in civil activities shall not violate the law or contravene public order and good morals.

Article 10 Handling of Civil DisputesBased on the handling of civil disputes, shall be in accordance with the law; if the law does not provide for it, custom may be applied, but shall not be contrary to public order and morals.

Article 86 Social Responsibility of For-profit Legal EntitiesFor-profit legal entities engaging in business activities shall abide by business ethics, safeguard the security of transactions, accept the supervision of the government

and the society, and assume social responsibility.

Article 142 Requirements for the Validity of Civil Legal Acts A civil legal act is valid if it meets the following conditions:

(1) the perpetrator has the corresponding civil behavior

ability;

(2) the expression of meaning is true;

(3) it does not violate the mandatory provisions of the laws and administrative regulations, and does not contravene public order and morals.

Article 153 (2) Civil legal acts contrary to public order and

good morals are invalid Civil legal acts contrary to public order and good morals are invalid.

Article 979, Paragraph 2 Effect of the Beneficiary's True Meaning on the Rights of the Administrator

Administrative Matters

If it is not in accordance with the true meaning of the beneficiary, the administrator does not have the rights stipulated in the preceding paragraph; however, except that the true meaning of the beneficiary is contrary to the law or contrary to public order and good morals.

Article 109 [Medical and Scientific Research Activities Relating to Human Genes, Human

Embryos, etc. Obligation to Engage in Medical and Scientific Research Activities Relating to Human Genes, Human Embryos, etc. shall comply with the laws, administrative regulations, and the relevant provisions of the State, and shall not jeopardize human health, be contrary to ethics and morals, or harm the interests of the public ****.

Article 1012 right to a name, a natural person has the right to a name, the right to decide, use, change or license others to use their own names in accordance with the law, but shall not be contrary to public order and morals.