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公序良俗原则作为民法的一项不可或缺的基本原则,在现代民法的立法、守法及司法实践中,一直发挥着极其重要的作用。但是因为该原则具有抽象性和不确定性的特点,在司法实践中难以正确并恰当的应用,导致该原则长期不受重视,不能发挥其拥有的功能。究其原因,公序良俗原则从立法到实践中都存在着诸多问题。本文着重分析公序良俗原则在民法具适用中存在的问题,并提出相关完善措施,以使该原则更好的发挥其作用,也使人们对公序良俗原则有更深刻的认识。
As one of the indispensable basic principles of civil law, the principle of ordre public good has always been playing an extremely important role in the legislation, law-abiding and judicial practice of modern civil law. However, because of the abstraction and uncertainty of the principle, it is difficult to correctly and properly apply it in judicial practice. As a result, the principle lacks long-term importance and can not perform its own functions. The reason for this is that there are many problems in the public order and good practice principles from the legislation to the practice. This article analyzes emphatically the problems existing in the applicability of the ordre publicity principle to the civil law and puts forward the related perfecting measures so as to make the principle play its role better and make people have a deeper understanding of the principle of ordre publicity.