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公序良俗原则是现代民法一项重要的基本原则,为世界各国民事法律所普遍确认。我国民法亦有类似规定。但我国规定过于简单,对于社会出现的新问题无法合理调控,“借腹生子”行为在现实中就无法用公序良俗原则予以规制。在民法典的制定过程中,实应加强该原则的制度设置,增强其应用价值。
The principle of public order and good morals is an important basic principle of modern civil law and is generally recognized by civil laws in various countries of the world. There are similar provisions in our civil law. However, the provisions of our country are too simplistic and we can not reasonably control the new problems that arise in the society. Therefore, “borrowing the child and having children” can not be regulated in practice by the principle of public order and good practices. In the process of formulating civil code, the system of the principle should be strengthened to enhance its application value.