The Legal Function Expectation and Judicial Implementation of the Fine Family Traditions Clause of the Civil Code
The"Fine Family Traditions"clause in the Civil Code focuses on the"family"as the central entity,defining the boundaries of public order and good morals for the comprehensive development of the family.With the inclusion of marriage and family laws in the Civil Code,it strengthens the social expression of these principles.The clause serves as a foundation for judgment and reasoning in court cases and plays an educational role by promoting normative values.Cases decided under the clause tend to have less judicial alienation,encompassing both positive and negative interpretations.The core values embedded in the clause also help counterbalance the tendency towards purely property-focused laws in marriage and family relationships.However,challenges remain in the application of the clause,including potential over-application and insufficient reasoning.Courts need to establish clear guidelines for citing the clause in different cases and employ appropriate interpretive methods to strike a balance between pre-serving the order of marriage and family and safeguarding individual rights.It is crucial to navigate the process of evidence and rea-soning,ensuring the integration of morality and law,in order to achieve the intended legal function of the clause.
Civil Code"Fine Family Traditions"clauseadvocatory normspublic order and good morals
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