Research On The Green Principles In General Principles Of Civil Law

The opening of the "Civil Code" was "the General Civil Law of the People's Republic of China" formally implemented on October 1,2017.The green principle is positioned in the chapter of the basic principles,to engage in civil activities of civil subjects has increased the restrictive obligations of saving resources and protecting ecological environment,at the same time,it also declared the inheritance of the concept of green development in civil law,and responded positively to the call for protection of citizens' environmental rights and interests.Green set of basic principles apply to all areas of civil activities,with the traditional principles of civil law system to form the value of the external connection,make the development of the civil code has more diversified value orientation,and build the concrete legal standard measure of economic benefits and environmental benefits.But the green principle connotation and extension of existing definition is not clear,the legal language ambiguity,and the differences in the field of civil law and environmental law,makes the necessity of its establishment,independence has been questioned,it is difficult to really have set the purpose of civil rights and obligations relations to solve environmental problems.Therefore,it is necessary to analyze the green principle from theory and system construction.In this paper,the main idea in the first part is elaborates the basis theory of the green principle,from the principles involved in the "resource conservation","ecological environment","repair ecological environment" concept explanation,to determine the connotation of green principles involved,then based on the civil law and environmental law of communication and coordination theory,discusses the environment interest relationship should be reflected in the civil law.The basic principle of green is inherently restrictive and mandatory in its application.Then based on the principle of implementation,it should be a value target that is upheld in the three parts of legislative,judicial,civil activities.But should pay attention to the implementation of ideas,it should be insisted in the civil law within the framework of originally,without changing the basic civil law spirit,not violate basic principles of civil law,environmental law on the rights and obligations relations embedded in the civil law system in a harmonious way.The ability to use civil law to solve environmental problems cannot be ignored or exaggerated.In the second part,this paper mainly provides support for the establishment of the green principle from three aspects: realistic background,theoretical basis and institutionalmotivation.On the one hand,the environmental resources issue must be solved by improving the environmental legal system itself.On the other hand,it must rely on the laws that regulate economic relations itself to integrate modern environmental protection policies and concepts.Otherwise,it is a non-systematic passive mechanism.From the nature of environmental law,the rigid regulations of administrative orders,the loopholes in the management of government institutions,and the enormous complexity of the environmental legal system all make the diversified value of natural resources not fully protected in government regulation.The extension of modern civil law in the direction of socialization has provided new ideas for the governance of environmental problems.In addition to the promotion of the theory of national legal construction of ecological civilization,it has become an effective strategy and scheme to "green" the inherent value theory of civil law with environmental public interests.The government regulation and market regulation have achieved a multiply pronged approach in the field of environmental resources,and the use of multiple systems to respond to the comprehensive nature of the environment has become a predetermined target of legislation.In the third part,this article discusses the concrete system development of green principles from the three parts of property rights,contract,and infringement.The establishment of the basic principle of green provides an opportunity for the idea of environmental protection to be embedded in the spirit of civil law and the concept of sustainable development into the civil law system.On the basis of the original institutional norms,the development of the green principle should make the provisions on environmental protection obligations more obvious,and the ownership of environmental rights and interests more prominent,the burden of environmental responsibility more strengthened.This is embodied in the real right law,which is mainly about the establishment of the ecological environmental protection ideology in the exercise of property rights and the improvement of the principle and coverage of the neighboring relationship.In the aspect of the contract law,it is mainly about the impact of the green principle on the effectiveness of the contract and the accompanying environmental protection obligations of the contract.The increase in tort law is mainly talk about the expansion of the causes of environmental violations and the increase in the liability for environmental damages.