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On The Realization Of The Green Principle In The General Principles Of Civil Law

Posted on:2020-04-07Degree:MasterType:Thesis
Country:ChinaCandidate:Y YanFull Text:PDF
GTID:2416330590986517Subject:Law
Abstract/Summary:PDF Full Text Request
The "Green Principles" are clearly defined in the "General Principles of the Civil Law of the People's Republic of China" on March 15,2017.[Article 9 of the General Principles of Civil Law stipulates that civil entities engaged in civil activities shall be conducive to saving resources and protecting the ecological environment.As a civil code that is an important cornerstone of the socialist legal system with Chinese characteristics,it is necessary to determine the "green principle" in line with the trend of the times.To understand the "green principle",we need to use the system to explain and understand the connotation and extension of "saving resources" and "protecting the environment" in its concept.It is necessary to correctly grasp the functional orientation of the "green principle",which is the principle of public welfare,its auxiliary and restrictive role in civil law,but it also has the basic principles of legislative guidance and the implementation of the characteristics of the civil law.The "Green Principle" should have a specific system in each of the divisions.The Property Law is a law that adjusts the allocation of resources and promotes the best use of the materials,and "conservation of resources" and "protection of the ecological environment" in the "Green Principles" of the General Principles of Civil Law.Environmental obligations are in line.The implementation of the "Green Principles" in the Property Law is in line with the necessary requirements of laws and regulations,and it is reasonable to promote the improvement of the "environmentally unfriendly" genes in the Property Law.By analyzing the current effective "Property Law" and the "Green Principles" in the compilation of the Civil Code of the Civil Code,we can know that the specific norms of the two imply a certain environmental protection color,but its protection is far from enough,its environment There are deficiencies in the protection concept,the concept of matter,the natural resource system,the adjacent relationship,and the usufructuary rights.At the time of the compilation of the property rights of the Civil Code,it is very meaningful to explore the legislative concept of the "Green Principle" in the Property Law.It is recommended to clarify the positioning of the "Green Principle" in the Property Law and set the "Green Principle" as the basic principle of the Property Law.We will expand the scope of the property rights law,improve the natural resource system,adjacent relations,usufructuary rights and other systems,and increase the use of the environment and the acquisition of property rights.
Keywords/Search Tags:Green principles, General Provisions of the Civil Law, The property law
PDF Full Text Request
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