Diverse society in modern value，Public order and good custom can be described as the basic principles of protecting consensus and order for private life。The moment in which is transformed from traditional to modern，Fuxing of public order and good customs，Is an increasingly micro tradition，For the fate of resisting the split，A "variant" that is derived from modern understanding。But this "variant"，Under the complex situation of diverse and non -publicity，Still encountering some kind of "paradox": on the one hand，The more diversified the value，The more you need public order and customs to maintain the basic value consensus and public order; on the other hand,，Various kinds of value，Definition of public order and customs with its own understanding。This makes the "public order and good custom" that looks like，It is always difficult to obtain consensus understanding of consensus，Instead, it is continuously blurred to cater to diversified values、Voistization。

2014，The Standing Committee of the National People's Congress is in the legislative interpretation of the names of the Civil Law Pass and "Marriage Law"，For the first time, it is clearly proposed that "not violate public order and good customs"; 2018 "General Principles of Civil Law" will "respect for public morals、Do not damage public interests "traditional expressions，Concrete "must not violate public order and good customs"; Article 143 clearly specifies，Civil legal acts if violated public order and good customs，If it is invalid。The "Public Order and Good Customs" regulations Bet365 lotto review of the General Principles of Civil Law，It is regarded as a bond that is regarded as a world of value -linked the value of civil law，While ensuring that civil law can fully draw value resources from its system，It also established the bottom line of the minimum moral standard for civil law behavior in the system，Make sure that the legal and effective behavior recognized by the civil law does not conflict with social moral standards。

but but，In judicial practice，There is no shortage of "public order and good customs" into general moral emotions、Definition of "public order and good customs" with moral intuition。Its legal consequences，Not only is the legitimate rights that violates the parties that do not meet their moral judgments，It even easily challenged the personal law of autonomous autonomy as the achievement of modern civilization，It also destroyed the precious rules in the era of diversified value and stable expectations。In the famous Luzhou premium case，The so -called "public order and good custom"，Obviously not to be replaced by traditional marriage morals。The reason why difficult cases can be called "difficult"，Not due to the difficulty of rules，and profoundly reflected as "dilemma"。In the case of a gift in Luzhou，At least there are dual -value conflicts and the "dilemma" caused by it: one is the "dilemma" between the two who fully take care of the emotions of the marriage ethics and the patient. Legal stability expected value and the trust of the parties' trust，The "dilemma" between maintaining the morality of traditional marriage but to deny the rules of the will。Various value is destined to be unable to give some "correct" conclusion，But it is never allowed to have a value that can be on the other value without reason。

It should be recognized，Bet365 app download Legislation is difficult to define the definition of "public order and good customs"，It is also difficult to clearly list the specific situations that meet the quality of public order。This is because of，In the era of diversified value，"Public Order and Good Customs" has a profile -like face，Ford to change according to personal moral emotions。Even if the legislation lists the moral standards recognized by the community of society in a specific area and a specific era，It is also impossible to eliminate the fuzzyness of public order and good customs。You can refer to the precedent of the definition of "public interest" in legislation。A mainstream point of view，Because the legislation does not clearly define the "public interest"，Make "public interest" abuse，2878_2901。For this，The "Regulations on the Request and Compensation of Houses on State -owned Land" define the "public interest" in a "generalization+list" method，It seems to give a certain connotation for "public interest"。but，The specific situations listed in the list still appear to be empty，Slightly extended，You can put on the "public interest" coat，It has not eliminated the abuse of "public interest"。

but but，Legislation recognizes the "principle of public order and good customs" as the "principle" of the law，It does not allow small vision。McCawkick said: "The principle of legal principles is the convergence point of rules and values。"" There is a point of view correctly，The principle of "public order and good customs" as a referral cash，A minimum morality，References are legal specifications with standardized effect，Therefore, the legal behavior of the moral bottom line that obviously tramples on the moral bottom line provides a negative evaluation of the moral bottom line，To ensure that all effective Bet365 app download legal acts meet the minimum moral standards。As a "principle" public order and good custom，Destiny in the norm of law。

From the perspective of legal structure，The design of the guideline of legal principles，The rules have implemented the guidance of the principle。That is to say，Although it is impossible to make a clear type of public order and custom，But the legislative process has been by democratic procedures，summarize the specific situation of the "public order and good customs" recognized by society，Perform regular operations。For example，Marriage rules and inheritance rules，It focuses on the public order and good custom requirements of marriage inheritance。In this sense，Observe and apply these rules，is the good customs of the guardian order。

This also sets the constraints and restrictions on the application of laws for judges -when the rules are clearly applicable，It should be applied first。That is，If the rules are not exhausted，Principles of Do not rashly apply。or，When the application of rules may cause obvious social public ethics accusations，As a result, the public has fallen into a strong moral exclusion，Only to transcend the rules to apply the principle。and，The referee has the obligation of argumentation，Must be based on legal reasoning technology，Perform full argumentation of theory，to serve moral judgment。This is the inner logic followed by the classic "Ligs Profile Parmer" judgment。

In the case of a gift in Luzhou，At the level of the rules，Confirm the legality and validity of the will based on the effective rules of the gift，It is the requirements for rules to determine power and stable expectations，It is also the rule of the principle of private law autonomy。The relationship between principles and rules in the process of bet365 Play online games applicable in accordance with the above laws，Consider，This case may have not yet reached the principle of autonomy of private law、The principle of stability and the principle of public order and good customs of the method of value sorting problems。Applicable to the effective rules of the will，It is not necessarily moral exclusive to the public，Therefore, we cannot abandon this rule arbitrarily。Even if it can surpass the rules of the will and take effect, it is applicable to the principle of "public order and good customs"，It is also necessary to make necessary reasoning to apply the principle of "public order"、Explanation and response。This is actually the display of the rules of the referee and the referee technology。

When the legislation cannot clearly define the public order and the good customs，In the process of law applications, the judge explains，is suitable and necessary。We criticized，Isn't the judge who abandon himself the authority that he deserves his full maintenance，but an unprepared restriction、The arbitrary definition of the judges who are not controlled by the rules of the referee，and the deliberate transcendence of the rules of certainty under such unsatisfactory moral judgments。In modern society，Facing multiple value conflicts and moral disputes，Any physical value sorting and morality，It does not have legitimacy。Democratic choices of legislative procedures and rational tailoring of judicial procedures，It is a modern path to respond to value conflict and moral disputes，It is also the modern wisdom of the rule of law。In this sense，Judicial referees are essentially a procedural "moral guardian" -it is itself based on legal rules，But the use of legal reasoning and judicial technology，In a certain situation, applying for Bet365 lotto review a certain kind of public order and good custom that has been fully weighing and rational verification。Judgment of Luzhou's gift，Unexpected legal reasoning and referee technology，The moral judgment slipped towards some kind of unsatisfactory moral bias。Unscudible moral judgment，But it can easily overthrow the rules with stable expectations。The consequences may not bear its weight。

China，The relationship between traditional and modern tensions is attractive，Value autonomy and diversified value is becoming increasingly obvious。Rules consensus based on democratic procedures，It should be the most basic consensus in the era of diversified value。Public order and custom as a traditional concept，Only when it obtains the "referral" as a legal principle，Forms a dynamic open structure with legal rules，Based on this, we can break through the above "paradox"，Implement the function of the ethics and basic order consensus in the era of diversified diversification。From this，Rule of rule of law should pay attention to the structure of "value -principles -rule"。It is trying to construct a relatively closed，But it can maintain a moderate and open rules system for the value of value。It is necessary to reiterate the logic of this structure: on the one hand，Democratic legislation should condense value consensus，Convert it into legal principles，Scientific design rules under the guidance of principles，To achieve the internal fit of the rules and principles and the value world behind the principle，Maintaining the internal consistency of law and morality; on the other hand，When the rules are applicable and the value of the value of value，You can apply through the standard of rule of law through cautious principles to reconcile the conflict。This structure bet365 live casino games is both a constraint on the legislators，It is a constraint on the applicant of the law。

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(The author is a professor at the School of Law of Huazhong University of Science and Technology)