Research On Institutionalization Of Green Principle In Civil Law

After the promulgation of the "General Provisions of the Civil Law of the People's Republic of China",Article 9 of the new regulations appeared: "Civil subjects engaged in civil activities should be conducive to saving resources and protecting the ecological environment." The basic principle is also referred to as the green principle.Sexual provisions have great significance in the civil law system,highlighting the socialization and ecologicalization of our civil law,and providing new guidelines for the behavior and value judgment of civil activities.It is of great significance to implement this principle in the system of civil law.Analyze the content of the green principle that should be added and improved in the implementation process from the civil code rules and give recommendations.The full text is divided into four parts:The first part is an overview of the green principles.First,the article reviews and sorts out the establishment process of the green principle.Secondly,it discusses the concept and connotation of the green principle.Finally,the article explains the function of the green law of civil law and expounds the necessity of institutionalization of the civil law principle.The second part is the concrete implementation of the green principle in the real right.First of all,under the guidance of the green principle,in order to achieve the best use of materials and ecological coexistence,the right to environmental protection should be stipulated in the Civil Code.Based on the introduction of environmental rights theory,this paper analyzes and contrasts the existing neighboring rights theory from the perspective of green principles,makes a reasonable theoretical explanation for improving the neighboring rights of environmental protection,and summarizes several environmental protection neighboring rights.Content,in order to ecologically improve the neighboring rights.Secondly,this paper proposes to increase the right to use environmental capacity in property rights.First of all,this paper expounds the legal nature of the right to use environmental capacity,and determines that the right to use environmental capacity should be characterized as usufructuary right.In order to institutionalize it,the subject,object,rights,and effectiveness of the right to use environmental capacity are described.The third part is the concrete implementation of the green principle in the contract.It mainly explains the new emission trading contract and makes it famous.Emissions trading between pollutant discharge units is the center of the emissions trading system.This paper expounds the legal relationship between the subject,object and content of the legal relationship of emissions trading,and describes the establishment,effectiveness and effectiveness of the emissions trading contract.The fourth part is the specific rules for the implementation of the green principle in infringement,and its main content is to add responsibility for ecological restoration.Unlike traditional legal liability,ecological restoration responsibility is a new form of environmental legal liability.Based on the existing legislation and problems,this paper analyzes the meaning of ecological restoration responsibility,and combines the scholars' theory to write the responsibility of ecological restoration as civil liability in the civil code,improve the relevant system of ecological restoration responsibility,and promote the responsibility of ecological restoration to be truly independent of other civil Form of responsibility.