Study On The Tort Of To Breching Public Order And Good Customs

There are a large number of cases of infringement in our country's judicial practice.These cases provide abundant material for the application of the principle of public order and good custom in tort law,but these cases show the uncertainty of the application of public order and good custom in the application of tort justice.Although Many courts expressthat“rebel-type infringement” is an independent type of infringement,its constituent elements often lack sufficient argumentation.Because of the uncertainly of verdicts,different views among different persons,and chaotic criteria,the same case often gets contrary verdivts.The main reason for these problems is that China's Tort Liability Law lacks clear provisions on the types of “customized infringement”,which leads to the judge's unclear understanding of the object of “customized infringement” and the unclear definition of applicable conditions.There is a error cognitive in the applicable logic of behavior against public order and good customs.This paper summarizes the types of maturity in the referee by conducting a type study on the case of “rebel-type infringement” in China's judicial practice.On the basis of typed analysis,the applicable conditions of “customized infringement”are clarified,and then more scientific judgment standards are provided for its judicial application.It can be seen that there are actually a large number of cases in China's judicial practice that are consistent with the characteristics of "customized infringement" and its constituent elements,which reflects that some aspects of China's legislation andjudicial practice are "disjointed",and then we should be alert to the timely revision and improvement.Relevant legislation should be put on the agenda.When drawing on the advanced legislative experience of Germany and Taiwan,the“custom-type infringement” should be defined as an independent type of infringement.