Research on the Principle of Public Order and Good Customs

Author: Yu Fei
Publisher:
Publish Date: 2006-05-01
Features: This book takes the specificification of the principle of public order and good morals as a thread, aiming to promote this principle into judicial practice and seek a path from an abstract principle to a specific and appropriate judgment. The book is divided into three parts: The first part is the general theory, discussing the concept, history, function, relationship with other basic principles, and standards for judging violations of public order and good morals. The second part is the methodology, exploring two methods for the specificification of the principle of public order and good morals—the typification method and the value supplementation method. Each method holds one end of certainty and flexibility, maintaining the balance within the specific field of public order and good morals. The third part is the application theory, which utilizes the aforementioned theories and methods to apply the principle of public order and good morals to the two major fields of legal acts and non-legal acts.