公序良俗原则在婚姻家庭中的司法适用研究

The Judicial Application of Public Order and Good Custom Principle in Marriage and Family Law

摘要: 公序良俗原则作为法律与道德交融的核心准则，在婚姻家庭法领域的司法实践中发挥着至关重要的作用。这一原则不仅体现了法律对于社会公共秩序和良好风俗的维护，也彰显了法律对于道德价值的尊重和追求。然而，在实际的司法适用中，公序良俗原则的司法适用却存在着诸多问题。本文通过对法院审理的相关案件进行分析，得出在具体司法实践中，存在向一般条款逃逸的倾向、未能充分结合具体案例来解读公序良俗原则以及在适用时存在过度性。这些问题往往导致公序良俗原则的适用显得空洞而抽象，难以有效地指导司法实践；也可能导致对当事人合法权益的侵害，引发社会对于司法公正的质疑等影响。因此，在适用公序良俗原则时，应该防止向一般条款逃逸、并且紧密结合具体案例进行解读、保持公序良俗原则适用时的歉抑性，不断提升公序良俗原则在婚姻家庭领域中发挥的积极作用。

Abstract: The principle of public order and good custom, as the core criterion of blending law and morality, plays a vital role in judicial practice in the field of marriage and family law. This principle not only reflects the law’s maintenance of social public order and good customs, but also demonstrates the law’s respect and pursuit of moral values. However, in the actual judicial application, there are many problems in the judicial application of the principle of public order and good custom. Through the analysis of the relevant cases heard by the court, this paper concludes that in the specific judicial practice, there is a tendency to escape from the general provisions, the principle of public order and good custom is not fully interpreted in combination with specific cases, and there is excessive application. These problems often make the application of the principle of public order and good custom seem empty and abstract, which is difficult to guide judicial practice effectively. It may also lead to the infringement of the legitimate rights and interests of the parties, and cause the society to question the judicial justice. Therefore, in the application of the principle of public order and good customs, we should prevent the escape to the general provisions, and closely combine the interpretation of specific cases, maintain the apology of the application of the principle of public order and good customs, and constantly improve the positive role of the principle of public order and good customs in the field of marriage and family.