A Study On The Application Of The Principle Of Public Order And Good Customs In The Judgment Of Marriage And Family Affairs

As one of the basic principles of our civil law,the principle of public order and good custom plays an important role in our marriage and family judgment,which can overcome the defects of written law and restrict the exercise of private rights.Through the empirical study of 286 marriage and family adjudication documents related to the principle of public order and good custom,it can be seen that the number of cases has been rising year by year and presented an explosive growth in the past five years.Through the analysis of the adjudication cases,it can be found that there are some problems in the application of the principle of public order and good custom in marriage and family adjudication,such as inconsistent expression of judgment documents,improper understanding of the connotation of the principle,escape to the principle clause and unsound type.In view of the above problems,through analysis and research,this paper puts forward countermeasures to improve the application of the principle of public order and good custom in the judgment of marriage and family matters:first,standardize the application of the principle of public order and good custom,clarify the connotation and extension of the principle,unify the expression of public order and good custom,and standardize the application path of public order and good custom;The second is to use the type research method to sort out the types of marriage and family adjudication,to ensure the same case and the same judgment;Third,the value supplement method is used to make up for the lag of typing research and enrich the application of the principle of public order and good custom.