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公序良俗原则是现代民法的一项重要法律原则,在确保国家一般利益、社会道德秩序以及协调各种民事利益冲突,维护社会正常市场秩序,尤其是保护弱势民事市场主体合法利益等许多方面都发挥着非常重要的作用。但同时,公序良俗作用的发挥很大程度上有赖于司法、执法机关对这一法律原则的深入理解与合理运用,任何基于私益而对该原则的过渡适用,都与公序良俗原则精神背道而驰。本文基于公序良俗滥用的现象分析,着重于公序良俗失范或滥用方面的思考,从而为公序良俗的合法适用提供些许借鉴。
The principle of public order and good morals is an important principle of law in modern civil law. It plays an important role in many aspects, such as ensuring the general interests of the state and the moral order of society and coordinating various conflicts of civil interests, maintaining normal social order in the market, and especially protecting the legitimate interests of the subjects of the disadvantaged civil market Very important role. However, at the same time, the function of public order and good morals depends largely on the judicial and law enforcement agencies’ deep understanding and rational application of this principle of law. Any application of such principle based on private interests runs counter to the principle of public order and good morals. Based on the analysis of the phenomenon of abuse of public order and vulgarity, this article focuses on the consideration of the abuse or abuse of public order and good habits, so as to provide some reference for the lawful application of public order and good customs.