Research On The Judicial Application Of Green Principle In Civil Code

At present,with the prosperity and development of China’s economy,the problem of ecological environment has become more and more serious,which has a significant impact on citizens’ production and life.Under this background,the "green principle" has been incorporated into the civil code,which requires that "civil subjects engaged in civil activities should be conducive to saving resources and protecting the ecological environment." The proposal of this principle is a major progress under the modern green circular development system and is conducive to the construction of ecological civilization in China.In just a few years since the emergence of the green principle,cases of applying the green principle to solve disputes have emerged in endlessly,which not only alleviates the practical dilemma of the lack of civil laws and regulations in environmental aspects,but also widens the acceptance scope of the basic principles of the new civil law.As a "new member" of the basic principles of civil law,scholars are quite controversial about its attribute positioning and the specific meaning of its provisions.Therefore,while confirming the value of the green principle,we should also pay attention to the important problems in the application process: as an emerging basic principle of civil law,it is abstract and general,and the relevant terms are relatively unclear,which can easily lead to continuous debate in theory and errors in practice.In the specific judgment,the fuzziness of the provisions of the principle will lead to the arbitrary expansion of the scope of application and the application without application.In addition,as an emerging principle,when the referee is not clear about its attribute positioning,it is likely to violate the application conditions of the principle and ignore the application premise of the principle,which is very easy to cause abuse and misuse,so it is difficult to give full play to its value.In view of the problems existing in the current judicial practice,we must clarify the applicable conditions and rules of the green principle in order to better realize the legal value of the green principle.In order to solve the problems existing in the judicial practice of the green principle,this paper preliminarily puts forward several suggestions: first,the core elements of the green principle should be confirmed by legislation,and its attributes,basic concepts and adjustment scope should be clarified;Second,the application of green principle in practice should be strictly limited and standardized to reduce the risk of abuse;Third,the principle of proportionality should be reasonably applied in the process of application.As a "new member" of the basic principles of civil law,the improvement of the judicial application of the green principle can not "accomplish its work in one battle".Only by solving the application problems in a deeper level,can we promote the application of the green principle in judicial practice to move forward on a clearer and broader road.