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市场经济中,公序良俗原则作为民法的重要基本原则,不仅弥补了法律对某些方面规定的不足,而且维护了国家的利益。对协调利益之间的冲突、维护社会正义起到了重要作用,是个人利益服从于社会公共利益的体现。但是,在理论和实践上都对这一问题重视不够,仍旧有欠缺之处。本文从公序良俗的基本原理、功能以及它的适用等角度,进行了自己的浅显论述。
In the market economy, the principle of public order and good morals, as an important basic principle of civil law, not only makes up for the deficiencies provided by law in some aspects, but also protects the interests of our country. It plays an important role in coordinating the conflicts between interests and safeguarding social justice, and is the embodiment of individual interests subordinating to the public interest in society. However, insufficient attention has been given to this issue both in theory and in practice, and there are still some shortcomings. This article from the perspective of the basic principles and functions of the ordinal and vulgar customs as well as its applicability and other aspects of his own plain discussion.