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Public order, which refers to public order, refers to the general order necessary for the existence of the state and society and its development; Good customs, which refer to good customs, refer to the general morality necessary for the existence of the state and society and its development. zhw jiu ahi
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Public order and good customs, that is, the abbreviation of public order and good customs.
The so-called public order refers to the general interests of society, including national interests, social and economic order, and social public interests. The so-called good customs refer to general moral concepts or good moral customs, including social morality, business ethics and good social customs. The principle of public order and good customs is widely used in judicial practice and is of great significance in civil trials.
The principle of public order and good morals has its origins in Roman law. In Roman law, the so-called public order is the security of the state and the fundamental interests of the citizens; Good customs are the general moral norms of citizens, and they have a broad meaning and vary from time to time, and are not set in stone. Acts that violate public order and good morals are invalid in law.
This principle is expressly enshrined in the civil legislation of many countries and regions in modern times.
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Public order and good customs refer to the fact that the conduct of civil subjects shall abide by public order and conform to good customs, and must not violate the public order of the state and the general morality of society. Public order, that is, public order, refers to the general order necessary for the existence of the state society and its development; Good customs, that is, good customs, refer to the general way necessary for the existence of the state and society and its development.
Public order and good customs are concepts used in the civil codes of civil law countries such as France, Japan, and Italy, as well as in Macau, China, and Taiwan. It is widely used in judicial practice and is of great significance in civil trials.
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- Public order and good morals are short for public order and good morals.
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Legal Analysis: Public order, which refers to public order, refers to the general order necessary for the existence and development of the bridge of the state and society; Good customs, which refer to good customs, refer to the general morality necessary for the existence of the state and society and its development. Public order and good customs mean that the conduct of civil subjects shall abide by public order, conform to good and frank customs, and must not violate the public order of the state and the general morality of society.
Legal basis: Civil Code of the People's Republic of China
Article 8. Civil entities engaged in civil activities must not violate the law, and must not violate public order and good customs.
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The so-called principle of public order and good customs, on the one hand, refers to the fact that civil subjects may carry out civil acts in accordance with the general requirements of public order and good customs and habits under the condition that they do not violate the mandatory rules of the law; On the other hand, the arbitrator of a civil dispute may apply the general requirements of public order and good customs to resolve the dispute under the condition that the legal provisions are insufficient or do not contravene mandatory legal norms. According to the principle of public order and good customs, the civil legal system makes necessary legal restrictions on the exercise of the rights of civil subjects, and together with the generally accepted moral norms, a systematic public order and good customs are formed.
Public order and good customs are composed of the two concepts of "public order" and "good customs", which require civil subjects to abide by social public order and follow the moral norms generally recognized by the members of social subjects. This principle also has the implication that all civil juristic acts that are contrary to public order and good morals are invalid.
Among them, the Green Principle is a new legal principle aimed at protecting the environment and promoting the coexistence of man and nature. The other five principles have not changed much. It is worth noting that the principle of good faith is an overlord clause, and since it is impossible to write down all the norms that need to be complied with in civil law, it is formulated this principle.
This is the basic principle that has been established, that is, civil entities engaged in civil activities and judicial organs conducting civil judicial decisions should follow the basic principle of oblivion.
Legal basisArticle 8 of the General Provisions of the Civil Law.
Civil entities engaging in civil activities must not violate the law or violate public order and good customs.
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Public order and good customs are the abbreviation of public order and good customs, which can also be understood as the general interests of society and general moral concepts or good moral customs.
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Legal analysis: public order and good customs refer to the behavior of civil subjects that shall abide by public order and conform to good customs, and shall not violate the public order of the state and the general morality of society. It is the basic principle of the law that nothing violates public order and good customs.
The basis of the law: Article 8 of the Code of the People's Head of the People's Republic of China: Civil entities engaged in civil activities must not violate the law with their hands and must not violate public order and good customs.
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The meaning of public order and good customs is as follows:
Public order and good customs, that is, the abbreviation of public order and good customs. The so-called public order refers to the general interests of society, including the interests of the state.
Socio-economic order and social public interest. The so-called good customs refer to the general moral outlook or good moral customs, including social morality.
Business ethics and social good customs.
The reason why the law needs to stipulate the principle of public order and good customs is that it is impossible to foresee all acts that harm the interests of the state, social welfare and moral order at that time and make detailed prohibitive provisions, so the principle of public order and good customs is established to make up for the lack of prohibitive provisions.
Characteristics of public order and good customs:
Public order and good customs are the abbreviations of "public order" and "good customs", and China's Civil Code
Article 8 clearly stipulates: "Civil subjects.
Those engaged in civil activities must not violate the law or violate public order and good customs. Therefore, the principle of public order and good morals was formalized.
Public order and good customs are civil law systems such as France, Japan, and Italy.
countries as well as Macau, China and Taiwan, China.
Concepts used in the Civil Code. The principle of public order and good customs should be widely used in judicial practice and is of great significance in civil trials.
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