Research on the Principle of Public Order and Good Customs (Centered on the Specification of Basic Principles)

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, striving to advance 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: Part I is the general theory, exploring 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, discussing two methods for the specificification of the principle of public order and good morals—the typification method and the value supplementation method. The two methods each hold one end of certainty and flexibility, maintaining a 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 and non-legal acts.