公序良俗视角下司法公信力提升路径研究

The Path to Improve Judicial Credibility from the Perspective of“Public Order and Good Customs”

为了全面贯彻习近平法治思想,本文从公序良俗原则的灵活性、时代性、有限性出发,通过辨析公序良俗原则与权利不得滥用原则、诚实信用原则、社会本位原则的结合点,提出在知识产权司法、环境资源司法及公司法律制度中合理运用公序良俗原则,在社会秩序、公共道德的基础上进一步丰富其与经济伦理的融贯运用。通过人民法院民商事审判对市场主体进行平等司法保护、推行类案同判、基层社会力量参与矛盾纠纷多元化解等途径维护健康的市场经济秩序,从而有效提升司法公信力。

To fully implement the idea that"the rule of law and the rule of virtue complement each other and are beneficial to each other"proposed by the Central Committee on the Work Conference on the Rule of Law,this paper explores the way to improve judicial credibility from the perspective of public order and good customs.Starting from the flexibility,timeliness,and limitations of the principle of public order and good customs,it makes an analysis of the integration of this principle with other principles like the principle of non-abuse of rights,the credit principle and the social standard principle.Then it argues for its rational use in intellectual property trials,environmental resource trials and various commercial trials,and the further enrichment of its coherent application with economic ethics on the basis of social order and public ethics.The specific suggestions include equal judicial protection of market entities through civil and commercial trials by the people’s courts;simultaneous judgment of similar cases in procedures;and participation of grassroots social forces in the diversified resolution of conflicts and disputes.In this way,a healthy market economy order will be maintained,the business environment continuously optimized,and the judicial system credibility effectively improved.