公共秩序体现在一个国家宪法、成文法以及判例法在内的整个法律制度中,只有法律制度的整体才能反映本国的公正和公共福利的概念。公共秩序的界定、公共秩序保留的行使虽然属于每个国家的主权范畴,但应当受到国际社会普遍认可的原则和惯例的限制。换句话说,这些原则和惯例应当成为各国公共秩序的核心内容。综合考虑相关国家的公共秩序,以公平适用和合理限制内、外国法,是最密切联系原则的一项重要内容。在最密切联系原则的影响下,公共秩序保留历经了一个单纯从考虑本国公共秩序到兼顾他国公共秩序的进化趋势。以最密切联系原则为指导重新对公共秩序保留进行定位,具有十分重要的意义。一、公共秩序概述公共秩序是一个政治概念,其内容本身具有较大的不确定性,并随着时代的发展而不断地变动,导致其内涵与外延难以准确地界定。公共秩序体 Public Order As embodied in the entire legal system of a national constitution, written law and case law, only the legal system as a whole can reflect the concept of justice and public welfare in its own country. The definition of public order and the exercise of the reservation of public order belong to the sovereignty of each country, but should be subject to the principles and practices generally accepted by the international community. In other words, these principles and practices should form the core of public order in all countries. Taking into account the public order of the relevant countries in a comprehensive manner, the application of the fair and reasonable restrictions on foreign and domestic laws is an important part of the principle of the most relevant connection. Under the influence of the principle of the most intimate relationship, the reservation of public order has gone through an evolutionary trend that simply takes into consideration its own public order to balance the public order of other countries. It is of great significance to reposition the reservation of public order with the guidance of the most relevant principle. First, an overview of public order Public order is a political concept, the content itself has greater uncertainty, and with the development of the times and constantly changing, resulting in its connotation and extension is difficult to accurately define. Public order body