What is public order and good customs

Public order and good morals means that the behavior of a civil subject should abide by the public **** order, conform to good customs, and should not violate the public **** order of the state and the general morals of the society.

Contents:

Public order refers to the public **** order, which is the general order necessary for the existence of the state society and its development; good customs refers to the good customs, which is the general morality necessary for the existence of the state society and its development .

Public order and good customs, that is, the public **** order and good customs of the short. The so-called public order, that is, the general interests of society, including national interests, social and economic order and social public **** interests. The so-called good customs, i.e., general moral concepts or good moral customs, including social morality, business ethics and good social customs.

The principle of public order and good morals is very widely used in judicial practice and is of great significance in civil trials.

Origin of public order and good morals:

According to scholars' research, the principle of public order and good morals originated in Roman law. In Roman law, the so-called public order, that is, the security of the state, the fundamental interests of the citizens; good morals, that is, the general moral code of the citizens, the two have a wide range of meanings, and with the time different, not set in stone.

The behavior of violating public order and morals is invalid in law. This principle has been explicitly stated in the civil legislation of many countries and regions in modern times.

Public order and morality of the establishment of the basis:

Theoretical basis:

Public order and morality of the principle of the basic theoretical basis is: "the law does not explicitly prohibit can be" and "the right can not abuse "the discursive unity. "There is no explicit prohibition can be" means that the civil subject in not contrary to the mandatory rules of law and the law does not prohibit the conditions, may voluntarily choose to satisfy or conducive to the interests of their own behavior.

Traditional Chinese legal culture has always emphasized the role of "moral education", thus creating the Chinese legal system emphasizes the ethical spirit of law.

Social Basis:

Under the market economy system, the social life and interaction of the public is becoming more and more prosperous and complex, which is the social basis for the application of the principle of public order and morality.

The principle of public order and morality originates from the inherent defects of civil law adjustment, that is, the contradiction between the breadth, complexity and instability of civil society life and interaction and the inexhaustibility of the law. The task of the principle of public order and good morals is to resolve this contradiction in order to make up for the inadequacy of the law, to safeguard the interests of the social public ****, and to realize social justice.