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Ecological Theory Of Contract System

Posted on:2016-04-25Degree:MasterType:Thesis
Country:ChinaCandidate:J ChenFull Text:PDF
GTID:2336330479980161Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
More and more frequent earthquake, more and more abnormal weather, more and more cancer patients in the hospital, we breathe more and more PM2.5, notting have is not the nature of human punishment is wanton destruction of ecological environment. For a long time, people are short-sighted, for immediate economic interests of any nature, regardless of the nature of the bear ability, regardless of the policy of sustainable development, more not Gu Zisun offspring of tomorrow. All of nature, the only change is nature of human round of another round of "revenge" !There is no denying the fact that our country is facing a series of serious problems such as environmental pollution, ecological destruction, the problems have not only stay in certain areas, some people, for the enormous impact of mankind are awakened to the attention of all mankind. Once upon a time, we think there is a law to adjust it is complete, it has realized the protection of the law, little imagine, public law in the process of the adjustment of social production and life will face a series of unpredictable problems, leading to the failure of the law means to adjust. In the private law, as early as some scholars began to study how to ecological consciousness through the daily behavior, especially how to through the contract system.This article is divided into four parts, the first part mainly discusses the contract system ecology theory. From the contract system proposed by the ecological background, necessity, urgency and other aspects, and then to ecology, the ecological law, the contract system ecology. Points out that the contract system of ecology is "sustainable development" as the guiding ideology, the basic concept, the obligation of environmental protection into the contract law and the relevant system to enrich and expand.The second part mainly elaborated the ecological environment protection and contract system. Mainly expounds the diversity of environment protection and the trend of modern contract system from two aspects, through the change of these two aspects respectively, to make them fit in the public interest, can therefore organic connection, and then make the contract system of ecological research possible and necessary.The third part is mainly to ecological mining and defects in the system of our country's current contract. Contract law in our country while no introducing the basic idea of ecology, but in the current contract law system can see the shadow of the ecology, it shows that ecology is not imagined, it is based on a certain contract theory. However, the current contract system is not perfect enough in our country, far cannot achieve the purpose of protecting the environment, therefore, the author probes into the defects in the current contract.The fourth part is mainly the author to the idea of ecological approach contract system in China. Through the renovation of traditional contract law concept, as well as the ecological concept in the design from two aspects of contract law, this paper the author for from sign a contract to perform to liability for breach of contract, namely the whole process of the contract to implement the contract system of ecological ideas.The fifth part is conclusion, mainly to express the feeling and thinking of the author on the paper and thesis.
Keywords/Search Tags:Environmental protection, Private law protection, Contract system, ecological
PDF Full Text Request
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