论公序良俗原则——从立邦漆“龙图”广告谈起

The Principle of Public Order and Good Custom——On Nippon Dragon Advertisement

"立邦漆滑倒盘龙"广告带有侮辱中华民族尊严的内容,违背了我国的公序良俗。公序良俗原则是20世纪社会经济条件突变,个人权利本位向社会权利本位转化的体现,其产生和确立有着深刻的历史根源;公序良俗的行为标准是"所有能正确思考问题的人都感到适当",由于各国的经济、政治、社会文化、历史传统、宗教等不同,认定违背公序良俗的行为的类别在理论和实践中也颇有差异;公序良俗具有克服法律局限性,实现社会妥当性(社会正义)的功能。另外,本文建议采纳任何公民均可提起公益诉讼的模式,以真正实现对公共利益的法律保护。

Nippon dragon advertisement insults Chinese national dignity and violates public order and good custom in China. The principle of public order and good custom was established in the 20^th century along with the radical social and economic changes and it is the reflection of individual rights switching towards social rights. Its establishment has deep historical roots. The standard of public order and good custom is that all human beings who are able to think logically accept something as correct and appropriate. Because of the variations in economy, politics, culture, traditions, religions and so on, there are of great differences in categorizing which behavior going against public order and good custom both in theory and practice. Public order and good custom has the function of overcoming law limitation and realizing social propriety or social justice. Moreover, this paper suggests that any citizen has the right to bring up public interest litigation to realize the protection of public interests.