Value Conflict And Balance Between Justice And Efficiency In Green Principle

Article 9 of the civil code of our country stipulates the green principle,which specifies the basic principles that the civil subject should follow in the aspect of ecological environment protection when they act.However,in terms of the practical operation of the law,legal principles usually stipulate the basic rules of behavior,which does not mean that there are clear rules and norms.As a legal principle,green principle is a kind of promotion and encouragement to civil subject behavior,but it is not a mandatory norm to restrict specific civil behavior.In addition,the value connotation of the so-called green principle itself is relatively vague,which makes it difficult to clarify its value pursuit.From the perspective of general rational economic man,and combined with Bentham’s utilitarianism,green principle pursues the unity of justice value and efficiency value.The ultimate goal is to agree the boundary for human behavior and achieve a balance between human and natural environment.However,from the perspective of value analysis,there is an inevitable conflict between the value of justice and the value of efficiency,which also leads to the contradiction of the internal achievement of the green principle itself.The justice and efficiency values of the green principle are in conflict with each other in terms of value pursuit.But as a whole,since they can be unified in the green principle,they can be regarded as consistency on the basis of value.The value basis of this consistency is the adjustment and regulation of the coexistence relationship between human and nature.Based on the value pursuit of green principle and the characteristics of justice and efficiency,this paper analyzes the legal value of green principle in civil law.Although the value pursuit of justice and efficiency in the green principle is consistent in nature,that is to say,it emphasizes the pursuit of the green significance of civil subject activities.However,there have been disputes about the meaning of justice and efficiency contained in the green principle and how to choose between them when they have value conflicts.On this basis,this paper analyzes the connotation of green principle and its justice and efficiency value.As a principle of civil law,the meaning of green principle needs to be defined.This paper analyzes the value of the green principle,summarizes the justice value and efficiency value,and analyzes the meaning of the two values.By analyzing the relationship and conflict between justice value and efficiency value in the green principle,this paper holds that justice value focuses on the systematic protection of natural environment and social environment,while efficiency value focuses on the efficient use of resources.The two intersect in the development and utilization of resources,and form the region of value conflict.By combing the justice and efficiency value of the green principle in the laws of foreign countries,we can extract how the justice and efficiency value of the green principle in the laws of foreign countries can reach the relative balance in the legal theory and judicial practice,so as to provide a useful reference for the legal argumentation and judicial practice of the green principle in China.In a word,the balance of justice and efficiency value in green principle should be based on justice value for environmental resources relief in the sense of public law,and efficiency value for private rights relief in the sense of private law.Public law emphasizes justice value,while private law emphasizes efficiency value.The balance of justice value and efficiency value of green principle can be achieved by using the form of separate relief Finally,from the four main areas of Chinese civil law system,namely the field of property rights,the field of contract,the field of tort liability,and the field of personality rights,this paper puts forward relevant suggestions for the appropriate solution of the value conflict between justice and efficiency in Chinese green principle and the restoration of equity.