Traditional Culture Encyclopedia - Traditional virtues - The court decided the case based on laws and regulations or according to the customs and common sense?
The court decided the case based on laws and regulations or according to the customs and common sense?
The application of public order and good customs in civil trials and the relationship between the mandatory rules of the law
The principle of public order and good customs, on the one hand, refers to the civil subject in the participation in the civil legal relationship, without violating the mandatory rules of the law under the conditions of the public **** order can be, as well as the general requirements of the order of the public **** and the good customs and habits of the civil behavior; On the other hand, the arbiter of civil disputes under the conditions of insufficient legal provisions or not contrary to the mandatory legal norms, can apply the general requirements of the public **** order and good customs and habits to deal with disputes.
According to the principle of public order and good customs, the civil legal system makes mandatory legal restrictive provisions on the exercise of the rights of civil subjects, and together with the recognized moral norms, a systematic public order and good customs are formed.
The court, in determining whether a legal act violates public order and morality, generally goes through two steps: first, it confirms that the corresponding public order and morality exists in real life, i.e., it identifies the content of the public order and morality; and second, it determines whether the disputed legal act violates public order and morality.
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