在英美法系国家的法律理论与实践中,公共政策具有相当重要的地位,经常以微妙的方式矫正契约自由原则。大陆法系国家也确立了公共政策在法律中的地位,虽然其名为公序良俗,但精神实质和功能却大同小异。在保险法律制度比较先进的美国,公共政策的重要性特别突出,保险合同的效力往往取决于此。在比较的基础上加以借鉴,对促进我国法律制度的进步与完善具有重大意义。 In the legal theory and practice of Anglo-American legal system countries, public policy plays a very important role and often correct the principle of freedom of contract in a subtle way. Civil law countries have also established the status of public policy in law. Although its name is public order and good customs, its essence and function are more or less the same. In the United States, where the insurance law system is more advanced, the importance of public policy is particularly prominent. The effectiveness of insurance contracts often depends on this. On the basis of comparison, it is of great significance to promote the progress and improvement of our legal system.