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随着社会的发展,法制的日益健全,公序良俗原则以及民法的其他基本原则在司法实践中起到的作用越来越大。法制改革的呼声越高人们利用法律来进行道德绑架的情况越多,现如今人们越来越关注司法问题由于公序良俗原则的关注点极高法官在运用这一原则进行裁定或者判决时往往会陷入两难的境界。为了减少舆论的压力也为了使公序良俗原则不成为“霸王条款”和防止法官的自由裁量权的泛滥。本文将从公序良俗原则在我国司法适用的现状以及如何解决公序良俗原则司法适用的难题这两个方面进行阐述,进而来完善公序良俗原则的司法适用。
With the development of society, the legal system is getting more and more sound, the principle of public order and good morals as well as other basic principles of civil law play an increasingly important role in judicial practice. The higher the voice of legal reform, the more people use the law to carry out moral abductions, the more people now pay more and more attention to the judicial issues. Due to the principle of public order and high standards, judges are often in a dilemma when making decisions or judgments based on this principle Realm In order to reduce the pressure of public opinion, in order to make the principle of ordre public good not become “overlord clause” and to prevent the proliferation of judges discretion. This article will elaborate from the two aspects of the principle of public order and good vulgarity in the judicial application of our country and how to solve the problem of judicial application of the principle of public order and good customs, and then to improve the judicial application of the principle of public order and good customs.