Research On Judicial Application Of Green Principle

Article 9 of chapter I of the general principles of civil code clearly stipulates "green principle".Although the establishment of "green principle" is not long,China’s judicial practice has been more applicable to "green principle" to solve civil disputes in the past two years,and there are also many problems in the process of its application.In view of this,through the interpretation of "green principle",this paper discusses the judicial application of "green principle",and make some suggestions for improvement.This paper is divided into four parts:The first part is an elaboration of the connotation,characteristics and functions of "green principle".Firstly,the connotation of "green principle",a new basic principle of civil law,is explored,mainly including "saving resources","protecting ecological environment" and their relationship.Secondly,the "green principle" should be mandatory,directive and open.Finally,the "green principle" is conducive to promoting the development of green economy,expanding the acceptance of new rights and promoting ecological protection.The second part is a summary of current situations of green principle’s judicial application.At present,in China’s judicial practice,the green principle is mainly applicable to contract disputes,adjacent right disputes,homestead use right disputes,owner cancellation right disputes,possession exclusion of nuisance disputes,restitution disputes and so on.Through sorting out relevant typical cases,the "green principle" is mainly applicable to the disputes of housing sales contracts.Therefore,this paper focuses on analyzing the judicial application of "green principle" in other disputes,such as restitution,adjacent relationship,recognition and performance of contract validity,and utilization of land resources,so as to promote the balanced application of "green principle" in various fields of civil law.The third part is about the problems existing in the judicial application of "green principle".According to the analysis of different cases,it is found that there is still a wrong understanding of the judicial application of "green principle" in China,and there are also many problems in the process of its application.Such as the judicial application conditions of "green principle" are not clear,the application of "green principle" is confused with other basic principles of civil law,excessive attention is paid to the application of "saving resources" and the reasons for the application of "green principle" are improper.The fourth part is aimed at the "green principle" judicial application issues to put forward some perfect proposals.In order to better realize judicial value of "green principle",it is necessary to perfect judicial application of "green principle" according to the problems in current judicial practice.Therefore,our country should perfect the provisions of civil code to clarify judicial application conditions of the green principle,reasonably distinguish the green principle from other basic principles of civil law,correctly apply "save resources" and "protect ecological environment",and clarify the scope and objects of the green principle,to further promote green principle in the effective application of judicial practice in our country,finally achieve the goals of green justice.