公序良俗原则下“平坟复耕”政策的法律思考-民商法学专业论文.docx

万方数据 万方数据 ABSTRACT Hiratsuka rehabilitation was a funeral reform areas such as Zhoukou City, Henan Province, carried out, namely the elimination of farm mound, restoration of agricultural land. Hiratsuka rehabilitation policy as an important part of Huimin Bingai, ask the cemetery will be scattered in the field of restoration of farmland, on the other hand requires advance funeral reform, with 3 years to complete full coverage of rural public cemetery, do cremation rate of 100%, completely buried in mass graves contain the stolen equipment and ashes coffin secondary, no emergence of new graves, phasing out old graves. From the perspective of policy-making purposes, Hiratsuka intention is to solve large-scale farming machines, competing for the dead and the living problems. But the reality, Hiratsuka practice with the local customs and traditions of exquisite buried contrary, does not meet the requirements of public order and good morals, by the masses varying degrees of resistance. In some areas the practice of forced Hiratsuka also been questioned. Hiratsuka rehabilitation policy and civil law principles of public order and good morals there is a conflict, it is necessary to analyze and demonstrate the problem. This paper attempts to explore the policy from a civil law perspective, the level of ethical thinking elevated to the height of legal theory. A total of three sections of this article, the preamble summarizes the literature review and abroad significance of the topic of this article, background and research topics. The second part is the body, including the second chapter to the forth chapter. The second chapter introduces the definition of civil law on the principles of public order and good morals, respectively, from the civil law and the law of public order and good morals principles outlined Anglo-American, and a brief description of the civil law definition of public order and morals principles. Emphasis on the moral standards of knowledge, identified b