Judicial Application Of Green Clauses In Civil Code Contracts

The environmental problems brought by the rapid economic development have seriously affected the lives of the public.In order to adhere to the path of green development,solve the challenges that the environmental problems which economic and social life meet.China has put forward the call of building a strong,prosperous,democratic,civilized,harmonious and beautiful socialist modern power,among which civilization,harmony and beauty is the green requirements and embodiment of China’s development orientation.As the first civil code in Chinese history,it should provide legal provisions and institutional guarantee for the development of Ecological civilization in China.Therefore,the civil Code stipulates the green principle and carries on the green principle transformation to each part of the civil Code,forming the green clauses of the real right part,the contract part and the tort part,and establishing the green system.Green system is put forward to solve the problem of environmental resources,and its concept reflects the needs of people’s life.It is a product conforming to the trend of The Times and in line with the hearts of the general public.The civil Code standardizes the contract field through various legal mandatory provisions.The implementation of the core concept of green principle in the contract book is conducive to the construction of green transaction mode and the greening of the contract field.The green clause in contract is the product of the concretization of the green principle,which has the characteristics of certainty,pertinence and operability,and can become the most direct basis for judicial application,so as to give full play to the legal function.Analyzing the green clauses in the contract is helpful to clarify the rights and obligations of the contract,clarify the green transaction rules,and better realize the green constraint and guidance on the contract behavior of the parties.The judicial practice of green clauses in contract compilation is searched and analyzed by the PKULAW.COM,found that make up green terms in the following several problems existing in the judicial application: one is the green terms applicable rules are not clear,the court in the judicial practice directly apply the principle of green and ignores the green clauses,it is easy to put the rule of law in space.Second,the application standards of green clauses in contracts are not uniform.This situation is not only reflected in the courts taking this clause as the universal clause to solve contract disputes,but also reflected in the differences in the understanding of the content of the clause.Judgment is the main way of reasoning and argumentation for judges.However,in judgment,they usually simply repeat the green terms of contract without analyzing and argumentation based on cases and clauses.Only by perfecting the green clauses in the judicial application,can the legal value be realized and the development of green economy be promoted.The judicial application of green clauses in civil code contracts should be improved based on the problems in judicial application.Clarify the applicable rules of green clauses in contract writing,determine the order of green clauses when the rules are clear,and standardize their legal application in civil cases.Unify the applicable standards for compiling green clauses in contracts,clarify the constraints of green clauses on contract behaviors of parties,standardize the interpretation of green clauses,and avoid the phenomenon of different judgments in the same case.Optimize the application of green clauses in contracts.Strengthen the reasoning and argumentation of green clauses in judgments,analyze the connection between cases and clauses,improve judicial guidance,give play to the role of case guidance as a benchmark,ensure that judges use their discretion reasonably,and ensure that environmental issues in contract cases are judged in accordance with the law.