Research On The Positioning And Application Of The Principles Of Civil Law Ecological Protection

Article 9 of the General Principles of Civil Law stipulates the principle of ecological protection,requiring civil subjects to undertake the restrictive obligation of conserving resources and protecting the ecological environment.The principle of ecological protection is a new basic principle of civil law,which is the controversy itself.The principle itself,the value function in the civil law system and the coherence in the basic principles of civil law are aimed at clarifying the theoretical basis of the ecological protection principle and laying the foundation for the judicial application of the ecological protection principle.This article consists of four chapters plus an introduction and a conclusion.The specific content of each chapter is as follows:The first chapter starts from the legislative process of ecological protection principle,analyzes the necessity of establishing the principle of ecological protection based on the controversy of whether the principle of ecological protection is established,and then protects the ecological protection from the naming,cultural,constitutional,systematic and historical perspectives.The principle is positioned to fully grasp the ecological protection principle itself.The second chapter puts the principle of ecological protection into the whole system of civil law and analyzes its value function positioning.Today's environmental problems are becoming more and more prominent.Public law means dealing with environmental problems and turning to private law.Civil law as a traditional private law needs to deal with environmental problems.In the face of many challenges,the principle of ecological protection is the response of civil law in this environment.The guidelines for civil law are set up to define the concept of sustainable development,and the coordination of civil law and environmental law to cope with environmental problems.Moreover,the principle of ecological protection serves as an endogenous power.Based on China's national conditions,it forced economic development.The third chapter puts the principle of ecological protection into the basic principles of civil law and analyzes its orientation.Starting from the transformation of the civil law system,it discusses the impact and coordination of the ecological protection principle on the original system,and then analyzes its legislative boundaries and radiation.The boundary distinguishes the principle of ecological protection from the principle of public order and good custom andthe principle of prohibiting the abuse of rights.Finally,the principle of ecological protection is positioned from the value level and type of ecological protection principle.The fourth chapter refers the article from the metaphysical point of view to practice,combined with judicial evidence,through the comparison of the data of the principled judicial application,combined with the basic principle of the civil law application-type-measurement model,taking case analysis,in judicial practice The existing problems are sorted out,then the legal application base and applicable fields are analyzed.Finally,the judicial application mode of ecological protection principles is discussed from the aspects of applicable procedures,applicable mechanisms and applicable fields.