人奶交易之公序良俗的法律探析

公序良俗原则由于其不确定性,历来备受争议。近年来兴起的人奶交易又引发了对公序良俗原则的探讨,对公序良俗的反思有利于充实该原则框架体系,完善其实践运用功能。文章试图通过对公序良俗概念及司法适用的法理分析,结合现实条件对人奶交易的公序良俗规范提出有益建议,从而维护社会秩序。

The Law Analysis of the Principle of Public Order and Good Customs about the Human Milk Trading

Principle of public order and good customs due to their uncertainty has always been controversial. in recent years, the rise of human milk deal also sparked a discussion on the principle of public order and good customs, to rethink the framework of the principle conducives to enrich the doctrine and perfect the function of its practical application. This article try to put forward？ useful suggestions through the analysis of the concept of public order and good customs and judicial application,combined with the actual condition of human milk trading, so as to maintain social order.