On the Judicial Application of The Principle of Public Order and Morality

Abstract

The principle of public order and good morals, which consists of two parts: "public order" and "good customs", is enshrined in article 8 of China's Civil Code. In modern civil law, the principle of public order and good morals permeates all fields of civil law, and has become the value concept of maintaining legal order, which does not negate the autonomy of private law, but delimits the boundaries of the autonomy of private law. However, the uncertainty of its connotation and application conditions makes the application of the principle of public order and good morals will inevitably produce the contradiction between the stability of the law and the justice of individual cases. Therefore, in the judicial application of the principle of public order and good morals, the definition of the concept of public order and good morals and the conditions of judicial application should be clarified to prevent the confusion of public order and good morals with other concepts, to prevent different judgments in the same case and to prevent the escape to the general provisions, so as to realize the balance between the stability of the law and the justice of individual cases.