Research On The Green Principle Of Chinese Civil Law

"Lucid waters and lush mountains are invaluable assets",the construction of ecological civilization is closely related to people's happy life.Properly to the concept of ecological environment protection and reasonable utilization of resources combined with civil law,which calls for more people involved in the protection of the ecological environment to spontaneously,it is wise and proactive choices.Article 9 of the general provisions of the civil law of the People's Republic of China stipulates that "civil subjects engaged in civil activities shall be conducive to saving resources and protecting the ecological environment." This basic principle is referred to as "for the green principle,its birth will be" green "concept into the civil law,make its all civil activity follows the judgment criteria,and also has a significant influence on the development of the civil law value system,make our country civil law socialization,increasingly prominent ecological trend.A new principle for ecological conservation of positive effect,no doubt,but it can't experience live test in the judicial practice,and how to really implement the civil law in our country,these are still leave we continuously explore issues.This article through to the principles of green concept,function,theory and practice of comb and expounds on the basic issues,such as,analysis in the implementation of the principle of green barriers,and perfecting advice is given.The full text is divided into four parts:The first part is a basic introduction to the green principle.First of all,this chapter reviews and sorts out the background of the birth of the green principle and the determination of the history and the context of the green principles.Secondly,the principle of green of this new explore the concept and connotation of basic principles of civil law,that the principles of green express more "green" aspect the harmonious relationship between human and ecological environment and resources,but also contains a broadly between people and harmonious relationship between human and social resources.Finally,the function of the green principle of civil law is clarified from four aspects:green economy development,promoting ecological protection,improving the value of civil law and balancing social relations.The second part is the theory and practice foundation of green principle.This chapter analyses the green principle from theory and practice,and proves that the green principle is the basic principle of civil law and is reasonable and necessary.In theory,the ecological philosophy theory development,sustainable development as the core of the scientific concept of development is clear as one of the guiding ideology of the constitution of our country,civil law of the development of the ecological trend unceasingly strengthens,the greening of civil legislation on international research waves.From the perspective of practice,first of all,the green principle has the nature of coercive,which provides the basis and guarantee for the popularization of green idea in civil activities and civil judicial decisions.Second green principles has the nature of openness,using the concept of declared abstract concepts,to keep pace with The Times to understanding and interpretation and also for the subsequent civil code of specific legal rules in the process of compiling left may coordinate.The third part is the realization obstacle of green principle.This chapter points out the obstacles to the implementation of the green principle in civil law from the perspective of legislation and judicature.From the perspective of legislation,on the one hand,the concept of "resources" and "environment" of green principle is ambiguous;On the other hand,the green principle is difficult to integrate effectively with the content.From the judicial perspective,the green principle can not be judged,and the potential green principle of abuse or vacancy affects the concrete implementation of the green principle.The fourth part is the realization path of green principle.In view of the above-mentioned legislative and judicial obstacles,we can better protect the environment by further clarifying the connotation of green principles,improving specific laws and regulations,strengthening judicial practice,and refining applicable standards,ensuring that the green principles can be truly implemented into the construction of the legal system.