The Development Of Article 9 Of The General Provisions Of Civil Law From The Perspective Of Economic Analysis

From the perspective of environmental protection,the summary of Article 9 of the General Principles of Civil Law as the "green principle" has many drawbacks,and cannot be regarded as an appropriate basic principle of civil law.Explaining this clause from the perspective of economic analysis can avoid the dilemma caused by the "green principle".From the perspective of economic analysis,the focus of the interpretation of this clause is on "resource conservation" and that the issue of resource allocation is reflected behind civil actions.This avoids the value dilemma caused by the conflict between public and private legal interests.At the same time,economic analysis tools make it easier to justify the referee's results.From a specific application point of view,the article also has the following three meanings from the perspective of economic analysis: First,through an expanded interpretation of "resources",the distribution adjustment of rights and obligations in the private law system can be achieved;second,economic analysis can be Private acts provide objective justification defense,which can resist the interference of public power to a certain extent.The third is that the data analysis tools included in economic analysis can provide the necessary ability and experience accumulation for jurisprudence to deal with big data.