Invalidating Civil Juristic Acts: Public Order and Good Morals in the Chinese Civil Code

Abstract This article discusses the concepts of public order and good morals in the Chinese Civil Code. Under Article 153 of the Civil Code, a civil juristic act is rendered void if it violates these concepts. This article examines their substance, functions, and practical significance in determining the invalidity of civil juristic acts in Chinese civil law. Public order refers to interests relating to national security and matters fundamental to the social public order, and good morals refers to virtuous customs representing social morality, family ethics, and personal dignity. It is argued that the nuances of the concepts are purposeful, but they must be wielded by the judiciary with objectivity and precision. It shows, comparatively, that in Chinese jurisprudence, the concepts of public order and good morals are intended to be applied flexibly and are widely accepted as capable of addressing areas where the law remains underdeveloped. Chinese courts are therefore tasked with achieving justice for litigants in each case and social justice at the same time without compromising private autonomy. In the final analysis, these concepts can be viewed as part of a broader commitment to ensuring the law operates in line with social changes and continues to garner public support for the judicial system.