Analysis On The Understanding Of Green Principie Law And Preliminary Exploration Of Judicial Application

In March2017,article9 of chapter I of the general principles of civil law,reviewed and adopted at the fifth session of the12 th National People' s Congress,stipulates that” civil subjects shall be conducive to saving resources and protecting the ecological environment when engaging in civil activities.” it is gratifying to see that civil subjects have responded positively to the issue of ecological and environmental protection.As a newly added principle of civil law,the green principle is of distinct epochal characteristics compared with other principles.It is precisely because of its novelty that there are few clear provisions on the definition of the concept or in specific judicial practice.At the same time,the green principle is stipulated in the general principles,and how to implement it in the various provisions of the civil code is also worth studying.Through the interpretation of the green principle,this paper explains its characteristics and the connection and difference with other principles,puts forward legislative Suggestions on the implementation of the green principle into the civil code,probes into the judicial application of the green principle,and gives Suggestions for improvement.This paper is divided into four parts in structure:The first part mainly introduces the background of the green principle,including the background of The Times and legislation.The second part interprets the green principle,clarifies its meaning,points out its limitations and defines its relationship with other principles of civil law.The third part is based on the constitution interpretation,analyzes the green principle;Implement the green principle in real right,contract,tort liability and personality rights.The fourth part is the judicial application of the green principle,including the function of general provisions of legal principles,the value supplement of the green principle,the steps of the green principle to fill legal loopholes,and the problems and Suggestions in the judicial application of the green principle.