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公序良俗原则是民法的基本原则,是对公共秩序与善良风俗的综合表达,具有弥补成文法局限性、促进公私法融合与满足民法自身发展需要的功能。该原则的内涵与功能均与和谐社会的构建有着理论契合:通过“公序”对实质公平正义观的维护以及通过“良俗”对整体道德秩序观的彰显促进了和谐社会的构建,通过其功能的发挥为和谐社会构建提供了保障与路径。
The principle of public order and good morals is the basic principle of civil law and a comprehensive expression of public order and good customs. It has the function of making up the limitation of written law, promoting the integration of public and private law and meeting the needs of self-development of civil law. The connotation and function of this principle all have a theoretical fit with the construction of a harmonious society: the maintenance of a substantive fairness and justice through “public order” and the demonstration of the overall moral order through “good customs” have promoted the construction of a harmonious society, Through its function, it provides a guarantee and a path for constructing a harmonious society.