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ZENODO
Article . 2025
License: CC BY
Data sources: ZENODO
ZENODO
Article . 2025
License: CC BY
Data sources: Datacite
ZENODO
Article . 2025
License: CC BY
Data sources: Datacite
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Research on the Application of the Principle of Public Order and Good Customs in China's Civil Code

Authors: Zhimeng, Cai;

Research on the Application of the Principle of Public Order and Good Customs in China's Civil Code

Abstract

The principle of public order and good customs, enshrined in Articles 8 and 153 of China's Civil Code, serves as a foundational mechanism to invalidate civil acts that contravene societal morals and public interests. This paper examines its judicial application through analysis of recent court cases from various provinces, highlighting inconsistencies in interpretation and enforcement. Drawing from specific judgments, it identifies issues such as arbitrary citation of principle-based versus rule-based clauses, leading to divergent outcomes in similar disputes. The study proposes normative measures, including Supreme People's Court (SPC)interpretations and case guidance, to enhance uniformity and predictability in adjudication. By addressing these challenges, the principle can better safeguard social harmony while respecting legal certainty.

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Keywords

Public Order and Good Customs, Normative Suggestions, China's Civil Code, Inconsistency, Judicial Application

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
Average
Average
Average