The Application Of The Green Principles Of The "General Principles Of Civil Law" In Civil Trials

The General Principles of the Civil Law of the People's Republic of China is the opening piece of the Civil Code,the "first step" in compiling the "two steps" of the Civil Code,and plays a leading role in the Civil Code.As one of the much-watched provisions of the General Principles of the Civil Law,Article 9 stipulates,Civil entities engaging in civil activities should be conducive to saving resources and protecting the ecological environment.This provision is defined as the "green principle" and is a new principle about civil law.Searched using the "Green Principles" and "Article 9 of the General Principles of the Civil Law" as keywords.Thousands of judgment documents related to the Green Principles were collected on the China Judgment Documents Network and the Pkulaw Web site.The application during the trial provided sufficient information.In the judgment documents collected for the period ended December 30,2019,from the year of trial,31 cases in 2017,496 cases in 2018,and 629 cases in 2019.It can be seen that the green principle is appearing in the practice of civil trials in China at an increasing rate year by year.Regardless of the number of cases,the level of court hearings,or the regions involved,our courts basically recognize the green principle and have a place in practice.The author will screen and classify nearly 1,000 adjudication documents,exclude irrelevant documents,and first-instance documents of second instance.At the same time,one case will be taken as a representative of each case of real estate series from different buyers and sellers,and 138 cases will be obtained.As the object of empirical analysis in this paper.This paper is divided into three parts.The first part is a theoretical overview of the green principle.The content mainly includes the meaning,evolution process,and value of the green principle in China.The theoretical basis of this article is to sort out the green principle.Part is a type analysis based on the 138 cases in which green principles are applicable in civil trials.The application of the green principle in civil trials is divided into seven categories,namely:(1)declarative application;(2)determining the contract is invalid;(3)determining the contract is terminated;(4)determining the tort liability;(5)mitigating The litigants are tired;(6)the method of determining civil liability;(7)other types.The third part is to sort out the problems in the application of the green principle.The author believes that the problems in its application mainly include the unclear understanding of the concepts of "resources" and "ecological environment",vague application standards,inappropriate application methods,laws Insufficient coercive force,limitation of applicable fields,etc.Aiming at the above problems,corresponding suggestions are made from the legislative and judicial levels in order to provide judicial reference for the trials of courts at all levels in China.There are two main innovations in this article: First,the author divides the application of the green principle in civil trials into seven types,which basically covers the current types of green principles in civil trials,and more comprehensively reflects its application.The practical situation provided solid case empirical analysis support for the research on the application of the green principle in this paper.Second,through the type analysis of the application of the green principles,the problems existing in the application of the green principles are summarized,and perfect suggestions are put forward.At the legislative level,combined with the Civil Code's legislative proposals,the Green Principles should be implemented in each sub-section of the Civil Code and the application of the Green Principles in civil trials should be improved.At the same time,at the judicial level,in light of the existing case situation,put forward sound suggestions from the judicial perspective.