On The Realization Of The Green Principle In The Field Of Real Right Law

The establishment of the Green Principle is a breakthrough of civil legislation to ecological innovation.The Green Principle is rooted in the concept of green development and carries the value of resource safety and ecological safety.The Green Principle not only plays an important role in the declaration of resources and environmental protection,but also imposes necessary limitations on the autonomy which based on the public interests of the environment.The compilation of the Civil Code of our country should be guided by the Green Principle,and the spirit and requirements of the Green Principle should be implemented into the corresponding systems and norms.Real Right Law is an important part of the Civil Law system,and its institutional arrangements are closely related to resource development and utilization and ecological environmental protection.The implementation of the Green Principle in the Real Right Section of the Civil Code is very urgent and necessary.The realization of the Green Principle in the field of Real Right Law is based on the implementation of environmental public interest's restrictions on the scope and exercise of real right,and the inherent limitation of real right as the best carrier.Under the inherent limitation of the Green Principle on real right,the content of real right has been expanded to accommodate environmental protection obligations,making the exercise of real right restricted due to environmental protection obligations.However,due to the private law essence of Real Right Law,the meaning of the freedom of real right,the observance of the realization of real right,and the need to balance the safety and efficiency of transactions,the inherent limitation of the Green Principle on real right cannot exceed the necessary boundaries,the expansion of environmental protection obligations in the content of real right must be limited to a reasonable "threshold" interval.The realization of the Green Principle in the Real Right Law field depends on the acceptance of its content by the general provisions and specific rules of the Real Right Section of the Civil Code.When compiling the Real Right Section of the Civil Code of China,we must not only make a general expression of the content of the Green Principle in the general rules,but also internalize its content into corresponding specific rules in the various branches of ownership.The acceptance of the Green Principles in the specific rules of the Real Right Section of the Civil Code shouldfocus on the acceptance of its content by the division of ownership and the division of usufruct,and it should be expressed in terms of the environmental protection obligation elements that expand the ownership content and usufruct rights,and the specific scope of this environmental protection obligation element is the main direction.